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Perfection Of Criminal Search System In China

Posted on:2015-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:J H QuFull Text:PDF
GTID:2176330422973031Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
Search has great significance for cracking crimes, therefore, all countries haveprovisions on search behavior. However, the search is a double-edged sword, becausefor the purpose of collecting criminal evidence and seizing criminal suspects, the civilright of privacy and the right of property are faced with great threat. Criminalprocedure law are committed to achieve the balance of the two factors in all countries.China is no exception.The introduction mainly tells about the criminal search system perfect, such asthe cause of the research and domestic general research situation. The first chapterdescribes the basic theory of criminal search. The author redefines the concept ofcriminal search and draw inspiration from criminal search features, Criminal searchhas the necessity of its existence, so we should limit the criminal search by law. Thesecond chapter analyzes the problems about our criminal search system fromlegislation and practice, such as criminal search is crude in criminal legislation,criminal search start only for the purpose, the decision and enforcement are notseparation, unlicensed search have many application problems in practice. Andanalyzing the causes of the problems. The third chapter deeply analyses the maincriminal search provisions of the state under the rule of law, combining with thepresent situation in our country, from principle and system legislation Suggestions onthe reform of the criminal search system in our country. The conclusion summarizesthe main points of this article and raises some expectations. The procedural justiceand human rights protection needs establish step by step.
Keywords/Search Tags:Search, Human Rights Protection, Search With a Warrant, Warrantless Search
PDF Full Text Request
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