The Doctrine Of Writ-before-search

The doctrine of writ-before-search came into force in England originally and later was introduced into American which successfully made it perfectly.Nowadays some other countries also accept the doctrine too.The system of writ-before-search requires that investigative organ exercises the criminal search right,the neutral examining organ conducts judicial review to judge the legality and necessity of criminal search,and the neutral judge will issue search warrant to protect the legal rights of the person being searched.Actually,the essence of the search warrant system is to control the investigative right through judicial right and protect human rights.However,China has not established the doctrine system of criminal search,but only uses the self-examination and self-taught search warrant of the public security organs to conduct the search in the actual operation,which may probably lead to the abuse and misuse of the search right by the investigative organs,and the infringement of the legal rights of the searched people,which is not conducive to the maintenance of judicial justice.Therefore,through the analysis of the principle of warrant doctrine in foreign countries,we can learn from the advanced experience from foreign countries,combining the actual situation of China to improve the provisions of search warrants in order to establish the principle of warrant doctrine in criminal search in our country.This paper first introduces the legal basis of writ doctrine.It is owing to due process,division of labor and human rights protection that writ doctrine is widely established in various countries.Next,by introducing the current situation and existing problems of search warrant doctrine in European and American countries,It hopes to provide reference for the establishment of criminal search warrant doctrine in China.Through the research and analysis of the current problems in the process of criminal search in China,and combined with the current situation of the use of search warrants in the process of criminal search in China,We can know that there is a search warrant system similar to the warrant principle in European and American countries in the process of criminal search in our country,but the provisions of the search warrant system are still not explicit,the examination is insufficient and the execution is not thorough,which leads to some chaos in the process of criminal search in our country.Through the analysis and research of criminal search warrant doctrine in European and American countries,this paper aims to put forward some opinions and suggestions on improving the current system of search warrant in criminal search and establishing the principle of criminal search warrant doctrine in China.The doctrine of warrant in criminal search is of great significance to restrict the investigative power of investigative organs in the process of criminal justice and to protect human rights more effectively.