Analysis On Mechanism Of Criminal Search Warrant

The search warrant system originated in the United Kingdom.Spread by British colonists,the system grew perfect and mature in the United States and was later widely transplanted and used by legal states.The search warrant system is not only a system of judicial reviews of coercion investigations by using judicial power,but also a system of human rights protecting of legal states.After fusion and changes The search warrant system has become a common experience of Anglo-American law and civil law countries of the rule of law.In addition to the introduction and conclusion,this article has four parts.The first part of the text introduces the history and evolution of the search warrant system.In the horizontal direction,the author shows the history of the search warrant system from the dimensions of the Anglo-American countries.In the vertical direction,the author divides the history of the writ into three stages of evolution: the era of the writless,the era of the general writ,and the era of special right.Before writting the history of the search warrant system,the author outlined the important natural law origin of the search warrant system-the sacred inviolability of the residence.The second part of the text mainly introduces the search warrant system of the Anglo-American law system and the civil law system,first of all from the application of the search warrant,the examination and issuance of the search warrant,the exceptions to which the search warrant applies,and the relief procedure of the search warrant Four dimensions of the British and American search warrants the specific content of the system were described.And then from the perspective of empirical law on the German and Japanese search warrant system in-depth study,through the comparison can be seen that civil law more emphasis on the use of written law on the search warrant application,review and issue,writ execution and relief procedures to make clear Regulations.The third part of the text focuses on the necessity of reshaping the search warrant system in our country.The author first introduces the status quo of the legislation of the current search warrant system in our country,and the lack of certainity in the search warrant of our country.In the search system,our country still uses the special warrant.Therefore,it is inevitable that there will be many drawbacks in practice.It is necessary to realize the change from the general search warrant to the era of the specific search warrant.Finally,the author analyzes the theory of judicial review,the separation of power and the theory of checks and balances and the theory of due process x.And it is feasible to reshape the search warrant system in china.The fourth part of the text combined with the successful experience of the search warrant system in the Anglo-American law system and the civil law countries of the civil law system,the introduction of the search warrant system in China from the application of the search warrant,the examination and issuance,the exception and the implementation and the relief and so on Put forward the corresponding construction ideas and suggestions.And the strengthening of the specific nature of China's criminal search warrant system construction and improvement of illegal evidence exclusion rule is the reconstruction of China's criminal search warrant system of the most important.The fourth part of the text mainly tells that to solve these existing problems,combining with the successful experiences of criminal judiciary warrant systems in Anglo-American law and civil law countries,this paper proposes corresponding construction ideas and suggestions from application,reviewing,issuing,exceptions and enforcements five aspects.