Research On Consent Search

Consent search is a kind of investigative activity, which is performed under the permission of the searched by the investigators, for the search of the former's body, property, residence and so on without a search warrant. As far as Chinese criminal investigation is concerned, here still exist many defects both in legislation and theoretical levels, which demand further improvement. And even no law has been established for the Consent Search System. In view of its fundamental significance for the investigation practice, it is considered necessary to make an analysis and research upon such a system as well as perfect it.It can be found through observation of legalizations practice concerned in other countries that consent search, distinguished from the general forced search, belongs to a kind of search without warrant, which assumes its particular independent existence to other kinds of searches. In the common law system, consent search is widely carried out in judiciary practice by investigations—many warrantless search in the US and Britain is carried out in this way. In the continental law system, consent search has received its due confirmation—laws have been enacted in this area in France and German. It has been universally accepted by the western countries and become a vital part of modern search systems in various countries due to its efficient conformation to the actual demands of investigative activities which serves to make up for the numerous unsuitable conditions for such activities caused by the relatively strict search procedures to a large extent.This article makes a detailed research and analysis upon consent search system through the combination of theoretical and comparative study. Firstly, it makes a theoretical summary of consent search system including the introduction of its basic definition and probes into a detailed research and analysis of relative theories by starting from its constitutes, significance, theoretical basis, value targets and so on .Then it takes a full—viewed observation and comparison of consent search among nations in the two law system and sum up the general characteristics and principles of laws on this field. Thirdly ,under the reference of above—mentioned, aprroaches an analysis of conditions in the existing consent search systems in China (which has not been established in laws) and their causes. In the last chapter it provides some specific plans concerning rudimentary constructions of consent search systems in China so as to contribute to the improvement of search systems in China.Due to the limited channels of references and personal limitations, faults and defects are welcome to be pointed out. Thank you.