| Due to some unexpected things happened, we can’t obtain a search warrant in the process of investigation, but the search is really necessary. This is the search that we called emergency search. Emergency search reflects the value orientation of criminal procedure law as a concrete system: Not only to realize the value of crime control, but also to protect human rights. There exist four main problems in the practice of emergency search: First of all, it’s the paradox between the absence of legislation and the widely use in the practice; Secondly, to start the emergency search at will; Thirdly, there are no restriction of the time and the scope; Finally, operable procedural sanctions and perfect right remedy measures are absent for illegal search. In consideration of the existing problems of emergency search in China, we can perfect it from five aspects: Firstly, setting the emergency search as an independent system; Secondly,to legalize the emergency situation; Thirdly, to limit the search time and the search scope strictly; Fourthly, to set up a system for ratification after the emergency search and perfect the procedural sanctions; Finally, to improve the right remedy measures. |
