Construction Of Consent Search System

It can be found through observation of legalizations practice concerned inothercountries that consent search, distinguished from the general forced search,belongs to a kind of search without warrant, which assumes its particular independentexistence to other kinds of searches. It has been universally accepted by the westerncountries and become a vital part of modern search systems invarious countries due toits efficient conformation to the actual demands of investigative activities whichserves to make up for the numerous unsuitable conditions for such activities causedby the relatively strict search procedures to a large extent. As far as Chinese criminalinvestigation is concerned, here still exist many defects both in legislation andtheoretical levels, which demand further improvement. And even no law has beenestablished for the Consent Search System. In view of its fundamental significancefor the investigation practice, it is considered necessary to make an analysis andresearch upon such a system as well as perfect it.This article makes a detailed research and analysis upon consent search systemthrough the combination of theoretical and comparative study. Firstly, the existingconsent search systems in China has not been established in laws. Then it makes atheoretical summary of consent search system including the introduction of its basicdefinition and probes into a detailed research and analysis of relative theories bystarting from its constitutes, significance, theoretical basis, value targets and so on.Thirdly，it takes a full-viewed observation and comparison of consent search amongnations in the two law system and sum up the general characteristics and principles oflaws on this field. In the last chapter it provides some specific plans concerningrudimentary constructions of consent search systems in China so as to contribute tothe improvement of search systems in China.