Research On The Doctrine Of Warrant

The doctrine of warrant had been preliminarily established early in the 13th century. Now it is an important propoition of investigation procedure of many countries as an effective measure to restrain power of investigation. The establishment of doctrine of warrant meets the demand to protect people's basic rights, conforms to inherent requirement of due process, embodies the modern spirits of ruling by law which justice finally solve dispute.Warrant application was generally put forward to judge on written form by personnels who practice investigation :Eunction. And it was usually executed by police according to time , duration, scope which was appointed by warrant or prescribed by law. Lots of countries' Laws had been admitted that it was legal to carry out coercive investigation without warrant when people give up the protection of his rights voluntarily or in emergences. Justice is prohibited to sign the general warrant for it threatens people's rights seriously. In order to assure exact implement of doctrine of warrant, it's general to endow parties with the power to dissent, set up illegal proof elimination regulation and compensation system as well as punishment of people violating doctrine of warrant.Reasonable grounds is a closely-related theory concerning doctrine of warrant. It is the base that justice sign warrant. Reasonable grounds should be established according to individual cases and concrete investigation behavior Judge should examine and judge reasonable grounds based on the view of ordinary people and referring to professional opinion of police with "subjective say" as standard combining such factor as time, proportion principle.Almost nothing can restrain the power of investigation in the tight investigation procedure in our country. It results in many seriousconsequences in judicial practice. Therefore, we should adopt reasonable contents of western doctrine of warrant and set up guarantee measures correspondent with it as a reference approach for reforming our investigation procedure.