Study Of The Basic Problems Of The Criminal Search System

The studies on basic problems of search pertaining to the domain of investigation behaviors have lots of actual guiding senses. From the purpose of perfecting the system of criminal investigation, this thesis analyses the problems relevant to criminal search, with the intention of enriching and developing the basic theory of search behaviors and guiding criminal legislation and judicature. Three parts constitute this text.The first part is the general theory of criminal search. This part mainly analyzes four problems. Firstly, the author regards the concept of search as starting point and evaluates every kinds of theory about it and ulteriorly analyses its essential elements such as subject, object, purpose.etc.; Then, in order to disclose the characteristics of the different kinds of search, this thesis expounds the legal foundations of search, with the purpose of guiding to exercise the general search regulation correctly; namely analyzing the source of the power of search from the authorization of constitution ,criminal law and police law; Finally, the thesis expounds the essential principles by which the national legal organizations should abide when they start or carry out search: principle of reasonableness, legality doctrine and particular principle.The second part is the general problems pertaining to the criminal search procedure. Three problems are mainly analyzed. Firstly, the common theory about search procedure design, including human rights protection, effectiveness and judicial review, are discussed; Secondly, the basic contents of search procedure are analyzed systematically. The thesis points out the main contents should be contained and the main problems should be taken notice of; Finally, the thesis analyzes the search breaching the legal procedure, mainly including remedy and the exclusion of evidence, in order to moderate the equilibrium between the national power and citizen personal rights.The third part is the perfection of search system in our country. On the base of two parts analyzed above, the author claims that the criminal searchsystem of our country should be perfected from four aspects. The first, perfection of starting search procedure, discussing it mainly from defining the reason, adopting writ doctrine and judicial review for search; The second, perfection of search, which is the important guarantee for establishing perfect modern search system, including the following five aspects: restricting search time, subdividing the regulation about body search, ordaining different conditions according to different object, undertaking to keeping secret and search time; The third, the necessity of establishing perfect supervisory mechanism for search at the present time; The fourth, discussing that the perfect remedy system for illegal search should be established in our country. We can do it from following three aspects: giving the officers substantive sanctions who carry out illegal search, perfecting state compensation system and establishing perfect exclusionary rules for illegal evidence.