On Improvement Of The Criminal Search In Our Country

Criminal seach as one of important inspective actions specified by the criminal inspective ,is readily easy to impose infringement on right of body ,property and privacy of criminal suspects or persons other than involved in the case while efficiently punishing crime,so, to a certain extent, criminal search is a"game fighting",which combating crime and protecting human rights in in the course of exercise.Nowadays there are some stipulations about the criminal search in the law of criminal search and other regulations of our country,these stipulation is inadequate, a"strong"sence is very strong, lack of strong protection of the vulnerable.In view of existence about criminal system extremely unreasonable of current search definiation,values of serious imbalance and other qustions,thus this paper presents specific measures to improve the system in China.There are five parts to dicuss the studies,firstly, definition of criminal search is given at first by the author. Characteristic and type of criminal search researched carefully by this paper, we can see criminal search originated background and intict character from the historical developed of criminal search;Secondly,value analyse is a subiect in this paper,we should make clear hypothesis in every system design, and there is no expection for criminal research,safety value or liberity value,which leads to more? What sounds most currently is to balance crime controlling and civil rgihts protecting, or united this two ideas,this contents will approacth next part in article,in future designing,we should take civil rights protecting superior over crime controlling;The third part author discussed from countries of oceanic & continenta two angles, investigating crminal search stipulations of representation countries,on this basis, summarized similarities and differences about two legals, proposed theory for the reference of criminal search;The fourth part mainly studies the present situation and the question of the system of chinese criminal search,author put forward the proposal of criminal search at last,whict be aimed at present question and study overseas prctice. So, improvement of our criminal search system shall be based on the judicial practice in China.