Research On Criminal Search System In China

Criminal search as a kind of compulsory investigation,and they are widely used in practice in the collect criminal evidence and arrest the criminal suspect plays an important role,but in universal adherence to the principle of prosecution,contemporary criminal search as the investigation organ active one of the important measures to Sue criminals because of its binding characteristics,in the process of exercise if improper use,the citizen’s personal rights,property rights and other constitutional right to a certain degree of damage,can also cause a certain degree of damage to the rule of law order.Therefore,it is necessary to improve relevant laws to strengthen the supervision and restriction of the right to search.However,too much emphasis on the protection of civil rights will also affect the efficiency of case detection,thus threatening the rights and interests of the vast majority of people in the society.Therefore,how to strike a balance between fighting crime and protecting human rights is an urgent problem to be solved.In addition,China’s criminal search system also lags behind countries outside the region in terms of legislation and judicial practice.China’s criminal search system is very simple,there are a series of problems such as arbitrary starting conditions,non-standard search without a warrant,lack of specific procedures and norms.,in contrast,many legal search system regulations of the state outside more detailed,such as the start of the search conditions,for example,the degree of China’s search start to collect criminal evidence,seized a criminal suspect,the theory of purpose only,no conditions,only stressed the "search for criminal evidence and arrest the criminal suspect" legislative purpose,regardless of whether a reasonable reason and fairly.The initiation of the us search is based on the "justification of reason",which is based on a large number of objective clues and evidence,rather than subjective speculation.The initiation of a search in Britain varies from person to person,but requires "reasonable grounds".Japan’s search grounds vary from person to person.In addition,China’s criminal search system still has some problems such as non-standard search procedures without a warrant,lack of judicial review mechanism,unclear boundary between administrative inspection and criminal search,and imperfect relief system of illegal search.On the basis of learning from the criminal search system of countries outside the region under the rule of law,this paper will propose targeted and suitable solutions according to China’s national conditions,such as separating the decision power of search from the power of execution,and implementing the judicial review system.Clarifying the substantive conditions and initiating procedures of the search;To improve the types and conditions of warrantless searches;We will improve the criminal search prevention and relief mechanisms.Through the reform and improvement of the criminal search system,the criminal search system of our country is more reasonable,under the premise of giving consideration to justice and efficiency,the relative balance between the fight against crime and the protection of human rights in criminal proceedings is realized,and the perfection of the whole investigation system is promoted,so as to promote the process of the rule of law in our country.