The Study Of The Law Application On Search Without Warranty In China

Search, as an important method of investigation, affects plentiful civil constitutional rights. Therefore, in most nations of laws, issuing a writ by judicial organ is the premise of starting search procedure, and only under exceptional situation can judicial officials search without warranty, which is restricted by strict judicial review procedure. The legal provisions of warrantless search are crude and simple in our country, causing plenty of difficult problems in judicial practice. To solve the problems, we can start with legislation theory and interpretative theory: the legislation theory solution is a basic and effective way to deal with warrantless search problem by modifying and increasing related legal provisions. However, legal reform would cost numerous manpower, resources and money. The author tires to find the solution through interpretative theory and current relevant laws and regulations, make teleological interpretation for legal essentials of warrantless search, and use illegal exclusionary rule to analyze the legal review procedure of warrantless search and the consequence of illegal warrantless search, in order to find out the proper legal application of warrantless search.