The Police Rights In The Constitutional Text

The system of search and seizure has always being ignored though itis an important police right. However, as one of the criminal coercivemeasures, this system has much to do with human rights and propertyrights of people. After the protection of human rights and property rightswere admitted to constitution, they have become the basic rights underthe protection of constitution. So in this context, the practice of searchand seizure is very likely to infringe these basic rights. But under theChinese Criminal Procedure Law, there are no strict provisions regulatingthe search and seizure behaviors, so the discretionary power of police willbe enlarged too much to endanger people’s basic rights. This thesis aimsto discuss the construction of system of search and seizure and offer somesuggestions through a comparative study with the Fourth Amendment ofConstitution of United States. There will be six parts in this thesis. The first part is the Introduction,which aims to analyze how the behaviors of search and seizure willinfringe people’s constitutional rights and raise relative questions basedon the analysis; The second part is the review of current studies in thisarea, which aims to acknowledge the research status of this area and thusfind a steady start point; The third part analyzes the police rights underthe regulation of constitution, aiming to clarify the relative conceptions inthis thesis; The fourth part is a discussion about the status and problemsunder the Chinese Criminal Procedure Law through the analysis of thecurrent legal documents; The fifth part offers some details of the FourthAmendment of Constitution of United States and the practice of searchand seizure in the United States of America as a comparison; The last partis the conclusion which give some suggestions to perfect the system ofsearch and seizure through the comparative analysis.