Specificity Of The Search Warrant

The special warrant system originated in the United Kingdom and matured in the Fourth Amendment of the U.S.Constitution.It was originally the product of the people opposing the autocratic monarchy and colonial rule.With long-term evolution,it has finally become an important system to protect the basic rights of citizens and prevent the abuse of the government’s compulsory investigation power.The search warrant system in my country started relatively late.Influenced by factors such as legal culture and judicial system,the system is not well established,the search scope is broad and general,the search behavior lacks restraint,and the discretionary space of searchers is too large,making it difficult to form an effective citizen.The rights protection mechanism and the principle of due process are difficult to play,which makes the issued search warrants lose the legitimacy,which may lead to the abuse of the power of the investigative organs,infringe on the legitimate rights of citizens,damage the credibility of the judiciary,and is not conducive to the realization of the strategy of comprehensively ruling the country according to law.Judging from the search practice,the current search system in my country is highly similar to the generalized warrant search in the history of the development of the Anglo-American warrant system.Although China is a civil law country,there are huge differences with the Common Law System,the experience and lessons from the history of British and America are still worthy of reference for our country to provide a reference for the improvement of our search warrant system.The main body of this article includes the following three parts:The first chapter starts from the legislation and practice of the search warrant system in China,and summarizes the main problems existing in the search warrant system in our country through the description of our country’s legislative system and judicial practice,including the ambiguous authorization of the warrant,unlimited seizure in another case,illegal Evidence is difficult to exclude,etc.Among them,the generality of the scope of search and seizure is the main reason why our country’s warrant system is general warrant.The second chapter turns the research perspective to England and North America.Through the description of the generalized warrant search in the history of the two countries,it correctly understands the necessity of the specific warrant system,focusing on the specific warrant system established by the Fourth Amendment of the U.S.Constitution.Drawing on the excellent experience of the special warrant system in Britain and America,including the core concept of the specific scope of search and seizure,the principle of specificity,supplemented by appropriate general exceptions.Adhering to the principle that evidence in another case is inadmissible,and is guaranteed by the procedural sanctions of the rule of exclusion of illegal evidence.The third chapter will discuss the specific path of the search warrant system in our country.First of all,we should correctly understand the necessity of building a specific search warrant system in our country,limit the compulsory investigation power of the investigative organs,adhere to the principle of due process,and protect the legitimate rights of citizens.Meanwhile,it is essential to be aware of the main difficulties that may be faced in the process of system construction,that is,the compatibility of systems under different legal and cultural backgrounds in China and the West,taking into account the acceptability of the public,and avoiding adverse reactions to legal transplantation.The specialization of the search warrant system should focus on ensuring the specificity of the search scope,strictly limit the execution scope of the search behavior,pay attention to the admissibility of the seizure of evidence in another case,and prevent the expansion of the search scope of the investigators.the rule of exclusion of illegal evidence is reshaped with procedural justice as the core,and the influence of substantive realism is gradually weakened.Based on the principle of exclusion of pre-trial evidence,the applicability of the exclusion rule of illegal evidence is improved,and the exclusion and correction rules of illegal evidence and defective evidence are distinguished.Improve the illegal evidence exclusion system,and provide citizens with improved procedural relief channels.The construction of the procedural system needs to take into account the acceptability of the society.The specialization of the search and seizure warrant system cannot be achieved overnight,and it needs to be improved step by step,drawing on foreign excellent legal experience,and combining the foundation of my country’s local legal culture to explore the establishment of specific warrants suitable for my country’s national conditions system.