On The Legal Control Of Criminal Search

Criminal search is to search man's body, object, dwelling and other related places for criminals and evidences. There are two properties in the criminal search. On one hand, investigation organizations need it to find the fact. Citizens should cooperate with and bear the legal search in the sake of public interests and nation's safety. On the other hand, as a compulsory measure, it will bring restrictions to the citizen's body and property. Therefore, if the search isn't under law's control and illegal search appears frequently, it would hurt citizen's basic rights seriously. Finding the fact at the cost of right's damage is not an advisable litigant value.We are just facing the unbalanced selection of values in our country. The criminal search is so simple and raw and it still only focuses on finding the fact. It neglects the protection of subject's right. Specifically speaking, the beginning of the search isn't follow the law and there is no proper rule of the search's implementation, which brings about the unreasonable approach and bound of the criminal search. Even worse, the relief measures are not complete and the Exclusionary Rule should advance much more than it did now.The main purpose of this thesis is to reveal that criminal search may injure citizen's right by analyzing the search's property and make some suggestions of reform by studying on the criminal search of the main countries which are ruled by law.The first part of this thesis serves for discussing the search's property and possible injury of people. The second part introduces the meaning and types of criminal search. In the third part, this thesis states that the beginning of the search should obey certain rules and the most important rule is Doctrine of Warrant which has been acknowledged by most countries. The fourth part serves for stating the rules that investigators should conform when they carry out the search. The fifth part explains the relief measure of the illegal search. Last but not least, the sixth part is the suggestions for completing our county's criminal search.