Criminal Search System Research In China

Poor criminal law dose not harm to virtuous people,but criminal procedure law is lack which good people may suffer.The criminal procedure law is an important line of defense against the rights of citizens,and it is a concentrated expression of justice.The degree of perfection of the criminal procedure system is an important criterion for the rule of law.As an important part of the criminal procedure system,criminal search is an important measure for investigating organs to collect criminal evidence,arrest criminal suspects and safeguard human rights.Criminal search system is directly related to the personal rights of citizens and property rights and other constitutional power,its program design is a direct impact on criminal control and human rights protection.The first part of this article focuses on the basic theory of China's criminal search system,introduces the basic categories,relevant concepts,theories and principles of China's criminal search system.The second part mainly analyzes the present situation of China's criminal search system.China's criminal search system in the power of checks and balances,operating system and relief system is not perfect.The third part mainly analyzes the causes of the defects of criminal search system in our country.This paper discusses the causes of the defects of our criminal search system from two aspects:cultural factors and theoretical research.The fourth part is mainly to dialectically introduce the commonality of criminal search system outside the domain in order to learn from each other.Through the study of foreign criminal search system,analysis and comparison,learn from the advantages of criminal search system outside the domain to make up for the lack of China's criminal search system.The fifth part mainly talks about perfecting the conception of criminal search system in our country.This part mainly improves the criminal search system in our country from the aspects of personnel level,normative level,power balance and sanctions,so as to reduce the phenomenon of illegal search in judicial practice.