Study On Criminal Search System

Criminal search is designed the investigation organ to find evidence of a crimeand criminal suspects arrested, according to the legal procedure of the criminalsuspect and may conceal criminal evidence, personal, items, and other relevant placesin search of residence. The criminal search system as the criminal procedure is animportant procedure and system, search measures used for solving a case the crimehas very important significance. But at the same time, because the search itself has acertain danger, in the implementation process, often of a citizens personal, propertyand privacy cause certain damage. Therefore, must be to search the initiation andimplementation of careful, lest the legitimate rights and interests of citizens to causeunnecessary damage. Compared to foreign countries on search system of legislation,our country about the search provided many rough. Western countries under the ruleof law for the search often have established strict procedures of legal supervision,through judicial review procedure to strictly control the use of search. From ourcountry’s legislation is not difficult to see, our search system not only the lack ofjudicial review mode, is the lack of specific practices, which easily caused by theabuse of power, is a potential threat to the legitimate rights and interests of citizens.Therefore, search in constructing the law society today should be given sufficientattention. Based on the criminal search system, the basic connotation of the concept offeatures as a starting point, through the comparison of foreign related searches theprovisions of the system, summarizes the various countries search system commonprinciples, finally aims at our country to search current situation, put forward thecorresponding improvement suggestions. This paper is divided into four parts, firstfrom the search system concept, based on the concept, characteristics, types of searchon search, analysis on basic connotation; the second part through to the continentallaw system and Anglo-American law system in the two legal representative countriesto search system of western countries under the rule of law, summarize the searchsystem. Common principles; in the third part of China’s legislation and judicialpractice from the perspective of the search system of our country’s present situation,through the comparison of the results of analysis and judicial practice of our searchsystem defects; the fourth part firstly puts forward search system of our countryreform needs the guiding ideology, and then in the third part pointed out my Chinasearch system existence question proposed the corresponding improvement ideas.