| Criminal search is an important means to obtain criminal evidence and find out the facts of crime,and it is also the influence of public power on the legal rights and interests of citizens within the scope of law.This article introduces the discussion by case study.And then start to summarize and analyze the problems in criminal search.Ultimately,discusses the shortcomings of our country's criminal search and puts forward some suggestions.The first paragraph is based on a brief introduction to the two cases-"Shaobin Wang case" and "Zhiping Peng case",summarizes the problems of civil rights protection in two cases from six aspects.It is convenient to introduce the latter and make further argumentation and analysis.The second chapter analyzes the problems summarized in the previous cases,and discusses the defects and shortcomings of the current criminal search system in civil rights protection.In order to maintain the coordination and rigor of the writing,the author puts the question of the refusal of the citizen in the criminal search in the first and second section of this chapter.The second chapter is divided into five sections,which are discussed in the two criminal search cases of civil equality,the right of inviolability of the house,the right to rest,the right to name and privacy,etc.This paper analyzes the existing deficiencies in the criminal procedure law,and discusses the trend of criminal search and improvement of virtual space of new things.The third chapter,combined with the problems found in the previous article and foreign beneficial practices,provides some suggestions.Specific as follows: firstly,we need to improve the mechanism of search warrant approval and design pre-approval mechanism.Secondly,to increase civil rights protection for residence searches.Finally,there are some other suggestions on the protection of civil rights.Through these discussions and suggestions,we hope to make a small contribution to the improvement of our criminal search. |
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