The Study Of Criminal Search Perfection

China’s criminal search system must be reformed and improved on the basis of the characteristics of the search power which are infringement and harmfulness. Improving the search procure should be guided by the checks and balances, procedural justice and balance theory. Firstly, at the constitutional level, the law reservation principle, judicial review principle and proportion principle should be put into the constitution to guide the legislation of criminal procedure law and improve the strength of civil rights protection. And the right relief system of search should be added, the unconstitutional censorship of search should be ruled, and the judicial review system of the prior and post event of search should be defined clearly in the constitutional level. Secondly, at the level of criminal procedure law, some principles such as proportion and judicial review and others in criminal search should be explicitly stipulated. To make prior and post review of search when launching the search and to specify the judicial review right which is only exercised by the court independently. Thirdly, many systems of search procure should be reformed specifically. For example, to make clearly the standards of launching search procedure, to improve the search system without warrant, to amend the relevant rules of incident search and to add the consent search system. To improving the relief mechanism of illegal search, to establish the internal review mechanism of excluding illegal real evidence, to specify the starting procedure of excluding illegal real evidence and to improve the substantive sanctions and so on.