On The Improvement Of Criminal Search Program

The criminal search plays an important role in the investigation procedure.Through criminal search, investigators can find the criminal evidence, seized theoffender. Criminal search powers is a public authory, it have the property ofenforcement. If the operation of the search procedures lack the effective constraint, itmay impact the citizen’s rights, like the personal rights, property rights and privacyrights. But if the search procedures spend too much energy on the protection ofhuman rights, it will affect the efficiency of the detection of the cases, and then affectthe social stability. Therefore, the search procedures exist the conflict in punishmentof crime and the protection of human rights. There are strict criminal searchprocedures in criminal legislation of all countries.The foreign criminal search based on the writ as the principle. They adopt themechanism for judicial review. If the search without warrant, they provide severalconditions for executive. The searching time and deadline is regulated explicitly,prohibit the search during the night. Distinguish the houses searches and other places.Set up a perfect relief mechanism.The Chinese criminal search provisions are very simple, several don’t have theoperability. There are many problems in our country’s searching system. Because thesearch start conditions are too simple, the approval is not strict that lead to thearbitrariness of starting search procedure. Warrantless searches regulation are toostrict, so they don’t have the operability. Search time is random, leading to thesituation that nighttime search is frequently. Not distinguish the houses search andother places search conditions. So in the practice, problems with a large number ofillegal intrusion into citizens house are very common. These can lead to the searchersabuse their powers, and damage to the citizen’s rights.This article is divided into the following three chapters:Chapter I: start from the basic concepts of the criminal search descripts the search nature and characteristics, then introduce the origins and development of thecriminal search, analysis the value of the criminal search.Chapter II: on the basis of the comparative between the foreign and Chinesecriminal search procedures, analysis the existing problems in our country.Chapter III: put forward a sound program, set up the strict conditions on thestarting procedures, improve the search system with on certificate, get the search intothe mandatory measures system, set up the prohibition in the night search system,perfect the remedies about the illegal search, to ensure punish crime and assure humanrights keep balance.