Research On Criminal Search System

Criminal search as an important means of criminal investigation,in the collection of criminal evidence,seized the suspect,to complete the purpose of prosecution,the maintenance of social order and play an important role.The importance of the criminal search system is self-evident,its public power as a state,its mandatory,if its lack of effective supervision and control of the provisions of the provisions,it will threaten the search and The relevant citizens of the personal rights,property rights and other constitutional rights.Excessive emphasis on the protection of human rights,but also affect the efficiency of the case detection,which threatens the interests of the vast majority of the community.Therefore,the strict start-up procedure should be set up in the search system.Throughout the legislation of the foreign advanced countries of the rule of law,the legislation of the search system should not only stipulate the strict search initiation procedure,the judicial review mechanism of the search and the strict legal supervision mechanism.China's legislation on the search system is neither judicial review mechanism,there is no relatively strict start conditions and for the search of the legal supervision mechanism,China's search system for the provisions of the Western countries seem too shabby.Today,the protection of human rights is becoming more and more important today.If the search system is not reformed,it will only further infringe upon the human and democratic rights of citizens,intensify social contradictions and improve the search system.For the prosecution of crimes,Significance.Therefore,in view of the importance of criminal search system in criminal investigation,this paper discusses the criminal search system,the whole paper is divided into four parts,First of all,the criminal search system to make a brief overview of the search system of the definition,characteristics,classification and other necessary exposition;Second,the developed countries of the rule of law for the criminal search system for a comprehensive comparative study,here select representative The United States,France,Germany,Japan,respectively,for the analysis of the search system,summed up the developed countries under the rule of law in the search system on the common and inspiration,so as to provide some useful reference for China's search system reform;and then China's search system The author analyzes the status quo of China's legislation practice and the present situation in judicial practice.At the same time,based on the theoretical analysis of the search system and the comparison of foreign studies on the basis of the first part and the second part,it is pointed out that China's search system The existence of the problem,such as not included in the criminal coercive measures system,the lack of search for the judicial review mechanism,the approval of the search conditions are not clear,unlicensed search procedures are not standardized,administrative inspection and criminal search boundaries are not clear,the implementation process is not Perfect and lack of breaches of search relief The author puts forward the relevant suggestions,such as perfecting the types of the search and relaxing the undocumented ones,and puts forward the relevant suggestions according to the problems pointed out in the third part.The conditions of the search,clear the boundaries of administrative inspection and criminal search,improve the implementation of the search process,improve the criminal search prevention and relief mechanisms,etc.,so as to China's legislative reform put forward some reference value.Through the analysis and discussion of the theory of criminal search system,combined with the relevant provisions of the foreign developed countries for the search system,summed up the common place,and thus compared with China's criminal search system,pointed out that China's search system in the field of existence Some problems and shortcomings,so as to provide some useful reference for China's criminal search reform,and provide some help for the continuous improvement of the rule of law in our country so as to achieve the ultimate goal of this paper.