A Research On The System Of Criminal Search Of Our Nation

As an important investigation act in criminal procedure,criminal search is of great significance for investigators to discover criminal evidence and seize criminal suspects,but the inherent compulsion of search power makes it easy to infringe upon citizens 'personal rights,property rights,privacy rights and many other constitutional rights.Whether the criminal search legislation is perfect or not,and whether the supervision and restriction mechanism is effective,is related to whether the value of criminal search against crime and human rights can be realized.The current criminal procedure law of our country has been amended three times.Although there are corresponding provisions for criminal search,the provisions are not comprehensive enough.There are many irrationality in the design of criminal search system.The relevant law focuses on maintaining order value,but ignores the citizen's freedom value.At the same time,with the development of scientific and technological means under the new situation,mankind has entered the Internet era.In the face of big data and new things in artificial intelligence,the scope of criminal search has expanded to the electronic field in order to detect crimes.China's search legal system involving this aspect has not been perfect.This is not conducive to the protection of citizens 'right to privacy in the information age.In order to effectively regulate criminal searches and balance the individual rights of citizens in the search with social public interests,On the basis of exploring the characteristics of criminal search in China,the similarities and differences between the two major countries in the world,the legislative manifestation of criminal search in China,and the problems existing in China's criminal search system,we combine the judicial situation in China.The author puts forward some suggestions to improve the criminal search system in our country,including: clarifying the subject of criminal search,raising the legal standards for criminal search,setting up different levels of search reasons and proof standards,and establishing a review mechanism for the separation between search start and decision;Clarify the contents of the search warrant and reasonably regulate the search procedures;Perfect the system of unlicensed search,and add a system of consent to search;We will formulate operational procedures for conducting searches,implement rules for excluding illegal evidence,and strengthen procedural sanctions and judicial remedies for illegal searches.This paper puts forward the perfect concrete measures in view of the problems and defects in the criminal search system in China.In the future,we should base on the actual judicial situation in China and draw lessons from the mature practice of foreign legislation under the premise of affirming the reasonable provisions of the current legislation.It is of great significance for the theory and judicial practice of criminal search to further enrich the current criminal search system in China.