Research On Criminal Search System

As a coercive investigative means in the criminal procedure law,criminal search is aimed at obtaining criminal evidence and finding criminal suspects.The inherent mandatory determines the criminal search is a "double-edged sword",plays a positive role in the collection of evidence of a crime and the crime suspect,but can not cover up the search behavior is improper use of legal order,destruction of the basic rights of citizens against the unreasonable.The positive aspects reflect the necessity and legitimacy of the existence of the criminal search;in the negative aspect that we need to supervise and regulate the criminal search to prevent the abuse of search rights in the process of investigation and cause the infringement of the basic rights of citizens.Therefore,the criminal search shows the conflict and balance between the fight against crime and the safeguarding of human rights.In view of the grave threat posed by search activity to civil constitutional rights,most rule-of-law countries impose strict rules on the launching criteria and search rules for search as well as the legal consequences of illegal search.Our country on the legislation and the relevant provisions of the criminal search is poor,such as searching procedure is random,the lack of corresponding judicial review system;implementation procedures exist in the search time,search range and search warrant is not standardized legislative loopholes;Search without warrant,virtual space search infringement problems.Rough legislation has a slight weakness in regulating the search behavior of investigators.The public is abusing the right of search for investigators,resulting in negative evaluations such as arbitrary and brutal law enforcement,which further jeopardize the authority and credibility of law enforcement.Therefore,it is imperative to improve and improve the current search system.Through studying and analyzing the criminal search system of different countries,this article will carry on the research from four major parts.The first part analyzes the conceptions of criminal search,the connotation of criminal investigation and the connotation of criminal search,as well as the outline of the types of search and the basic principles to be followed by criminal search in the national laws.The second part analyzes the legal grounds and reasons for criminal search,the types of searches,the search procedure and the legal consequences of illegal searches in different countries of the two major legal systems,and draws from them the important experience that is beneficial to China's criminal legislation.The third part summarizes the current situation of criminal investigation in our country from the judicial practice of criminal search in our country and some typical cases and then puts forward its existing problems.The fourth part is a comprehensive analysis of the problems in the judicial practice,as well as the existing search system for the existence of loopholes proposed pertinence and maneuverability of the perfect proposal.