Research On The Reform Of My Country's Criminal Search System

Since the promulgation of the Criminal Procedure Law in 1979,the Criminal Procedure Law has been amended three times,with the responsibility of punishing crime and safeguarding human rights,effectively promoting the orderly and healthy development of social order,playing an important role in combating criminal and criminal acts,and also showing the procedural value due to criminal activities.At present,criminal litigation activities in the effective punishment of crime at the same time,but also further exposed a number of ills,the efficiency of criminal proceedings continue to suffer from social challenges and questions,of which,especially criminal search activities.Criminal search activities are related to the protection of people's personal and property rights and interests of the persons being searched,so they have been widely concerned by the academic community and public opinion.How to ensure the smooth development of search activities,while effectively safeguarding the legal personal and property rights of the searched persons has become an urgent problem to be solved.Through reference to the extraterritorial experience of the relevant criminal search system,it is clear that most extraterritorial countries have strict provisions on the initiation of search procedures,and a more complete mechanism is formed in the judicial review Mechanism and legal supervision mechanism of search activities.At present,China has some leakage in the above aspects,there is no clear and detailed provisions on the initiation of search procedures,and there is a lack of corresponding legal norms in the legal supervision mechanism of search activities.Therefore,the purpose of this paper is to perfect the existing criminal search system in China,so as to effectively protect the legitimate rights and interests of persons and property searched,and to effectively improve the efficiency of criminal search activities,in order to ensure the legitimate rights and interests of persons and property searched,while effectively realizing the prosecution of illegal and criminal activities,so as to improve China's criminal system This article is divided into four parts,the first part from the criminal search system overview,the concept,characteristics,value and other aspects of the relevant theoretical elaboration;the second part from the criminal search system legislation status quo,the practice of the current situation,on the basis of which the current criminal search system in China to explore the existing problems,and the reasons for this analysis,It is pointed out that the current criminal search system in China lacks effective judicial review mechanism on search,and there are many imperfections in search documents and search procedures,and no effective search and relief system has been established.The third part analyzes thenecessity of criminal search system,It is considered that the criminal search system must be reformed and perfected on the basis of the constitutional guarantee of human rights and the need of building a socialist society ruled by law in China.The other part analyzes and probes into the path of the reform of the criminal search system in our country,and puts forward some humble opinions in order to improve the efficiency of the criminal search activities In order to solve the problems in the search process,improve the system of criminal search system in China,and promote the reform of China's criminal Procedure system to provide a series of matching choice path.