Improvement Research On Criminal Search Of Our County

Criminal Search is an important part of criminal investigation system. Search was a criminal enforcement measures for collecting evidence and seizing the suspect. If criminal investigators have the reason to believe that body, objects, premises and undisclosed virtual space information of the suspect, the defendant and the third person may be hide a criminal or criminal suspect evidence, they can start a criminal search.The extension of criminal search system in extraterritorial main rule of law is varied, but they have established the principle of judicial writ and the principle of proportionality; established a sound system of undocumented searches; also provided a perfect relief measures to the person to be searched. Their common features of the system of criminal search and legislative values can be owned and borrowing in China. This is because our system of criminal search is far from perfect. Legislation is not only simple and rough, but also there are many problems in criminal search implementation.Criminal Search System in our country mainly has the following four aspects problems: Firstly, the search authority assigned improperly; secondly, search started arbitrarily; thirdly, the object, scope and time of search isn’t limited; fourthly, lack of effective remedies after illegal search. To solve these substantive and procedural issues, we need to implement the principle of judicial writ, the principle of proportionality and Due Process Principles. Improving the specific measures for criminal search is also essential. First, enlarge the expansion of undocumented searches, based on the original undocumented searches system, to maximize the role of the undocumented searches. Then make a standard of proof which consisting of the general standard of proof of a warrant search and the special standard of proof of undocumented searches.And strengthen search legislation. The last and the most important measure is to make the relative’s right to get timely relief true by implementing the Exclusionary Rule of illegal search evidence, establishing the People’s Procedural Courtroom, state compensation and an internal disciplinary mechanism to illegal search investigators.