On Improvement Of The Criminal Search System In Our Country

The reform of detection system has been got extensive attention from the legislators in the amendment to criminal procedure law.But as one important means of investigation, the reform of search system has not been able to cause enough concern and attention. Criminal Search can efficiently arrest the suspect, but it easily violates the legitimate rights and interests of the suspect or third party at the same time. The tasks of criminal procedure clearly explain the respect and protection of human rights in the Criminal Law amendment. The Chinese have begun to change the traditional concept of excessive pursuit in punishing crime, strengthen the protection of human rights and "vulnerable". At present, our regulations and the Criminal Law amendment about the criminal search system are relatively crude which focus on the purpose of punishing crime so much that lack a strong protection to the disadvantaged. Provisions on search procedures in the Code of Criminal Procedure or case of Common law and Civil law are fairly complete, such as the general principle of writ doctrine, the supervision and control by the judicial authority and judicial review procedures, the limitation of search time and the effective period of the search warrant, witness the system in the search procedures and search transcripts of the production system, the obligations of confidentiality the searchers were also strictly ruled. Compared with western countries, our system of criminal search lack of appropriate procedures for judicial review and concrete implementation condition, illegal rules exclude evidence and so on. The rules of our criminal search are not perfect which could easily cause many problems and lead to abuse of the power of search.Therefore, it is imperative to amend the existing search system in order to build a socialist country ruled by law.The thesis is divided four parts. The first part starts with the concept of criminal search, and then analyzes the classification and characteristics of criminal search. In the second part, the author looked through the criminal search of Western Nations from two angles of common law and civil law, and discussed the specific provisions about criminal search in some representative nations. It would have provided a reference for Criminal Search. In the third part, the author analyzed the legislative status and main problems of China criminal search system. Because of the unreasonable design of Criminal Search, in the fourth part, the author put forward specific proposals to improve the criminal search system, which based on our current judicial status and the advanced experience of the law in Western countries. In a word, we should confine the set-up procedure of criminal search and establish judicial review system. It is necessary to improve the system of search without warrant and the execution of search. The most important thing is to improve the legal consequences of illegal search and the relief of the person. Only to build and improve our criminal search system, it will be more effective to prevent the judicial practice in criminal illegal search behavior.