On The Criminal Search System To Improve The Legislation

The criminal search as a criminal investigation means a very important position in criminal procedure in our country. Criminal search have special points with the subject-specific, the mandatory, statutory procedures and the dual nature of the task. According to different standards of criminal search, there are different classifications such as permit searches, warrantless searches, personal searches and items searches. China’s relevant laws and provisions of the criminal search is simple, warrantless searches and the relevant procedures also exist many defects. Criminal Search System (CSS) has a need for improvement, whether it is from the theory of procedural justice, safeguard judicial justice and human rights purposes, or to achieve the effectiveness of the proceedings, to fulfill obligations under international law, to make up the reality of defects of the system of CSS. Review the legislative provisions of the criminal search system of the UK, the United States, France, Germany and other countries, there still exist a lot of gaps between China and Western developed countries in the field of criminal search, explicit search of the grounds and search discretion the legislative design of the implementation of separation of powers are worthy of china’s learning and absorption. Idea of legislation to perfect our criminal search system including the following aspects:to build the system of judicial review of the criminal search; clear criminal search start reason; refine the search warrant content; reconstruction of the type of warrantless searches and standards; improve the criminal search, judicial relief system and so on.