On The Perfection Of China’s Criminal Search System

The criminal search as an important means of investigation in criminal law enforcement activities,plays an irreplaceable role on seizing a criminal suspect,collecting evidence,to crack down on crime in accordance with the law and maintaining social order stability.The importance of the criminal search system is self-evident,as a public power of law enforcement,it is mandatory.If there is no effective supervision and standard restriction on this power,it will be unable to avoid the constitutional rights such as property rights and personal rights that threaten the searching people and related personnel.But we should balance the relationship between safeguarding the human rights and ensuring the efficiency of the detection of cases,otherwise it will threaten the rights and interests of the vast majority of social workers.By comparing with foreign advanced country search system based on advanced experience and practice,we found that they have set up a rigorous search starting procedure,not only strictly stipulated in the starting procedure,but also provides for the search system the legal supervision mechanism and judicial review mechanism.In China’s legislation,the search system has neither the judicial review mechanism nor the standard search starting procedure and the legal supervision mechanism.The legislative situation is relatively simple compared with the western countries.Under the new period of criminal litigation environment,people pay more and more attention to the protection of citizens’ rights.If we not standardize and improve the system of search,there will be more infringement of citizens’ personal democratic rights cases,which will intensify the social contradictions.Whether the search system is perfect or not,it is of great significance for the prosecution of crimes and the protection of civil rights.Therefore,in view of the importance of the search system in the whole criminal investigation activities,this paper discusses the criminal search system.The paper is divided into four parts,first of all,a brief overview of the criminal search system,making necessary elaboration for the concept of search procedures and its value,characteristics,necessity,principles and others;Secondly,the present situation and problems of criminal search system in China are analyzed.At the same time,based on the first part of the theoretical analysis of the search system,Summed up the status quo of China’s legislative practice and the status quo of judicial practice,pointing out the existing problems in China’s search system.For example,the law does not provide elements of starting search procedure,the lack of judicial review mechanism for search,search instruments are not standardized,existing warrantless search procedures are not standardized,lack of relief system for violation of search,and so on.So as to provide the basis for targeted measures to improve;Then explore the necessity to perfect our criminal search system,and summarizes the general features and Enlightenments in the search system requirements on the developed countries under the rule of law,so as to provide some useful reference for the perfection of our search system and specification;Finally,combined with the second and third parts pointed out the problems,puts forward some ideas to perfect our search procedures,such as the search will be included in the system of criminal coercive measures,clear search start conditions,to standardize the conditions of search without warrant,improve the execution of search,improve the prevention of Criminal Search and relief mechanism etc.So as to provide some useful reference for the reform of criminal search in our country,and provide some help for the continuous improvement of the rule of law construction in our country,so as to achieve the ultimate goal of this article.