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Study on Criminal Search System

Author: WangJing
Tutor: GuYongZhong
School: China University of Political Science
Course: Procedural Law
Keywords: Search Compare Reflection Perfect
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 91
Quote: 0
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Abstract


Throughout the course of criminal proceedings , search as an important investigative tool for arresting suspects , gather evidence of a crime has played a very important role. However, due to the search itself has mandatory and unique public power expansion , making it relatively easy to violation of fundamental rights of people . Because of this , the modern rule of law not only clearly defined operational procedures in search of the Criminal Procedure Law , but also its rise to the heights of its Constitution be strictly controlled , has reached a balance control crime and protect human rights . Search our current laws on the law, from the choice of too much emphasis on the value of crime control and ignore the protection of fundamental rights of the people ; from institutional settings are too careless, can not meet the requirements of the investigation of crime . Therefore , whether to follow the trend of the international community to protect human rights , or in order to better meet the needs of judicial practice , reform and improve the existing search system is imperative. In this paper, the method of comparison , trying to compare and analyze the major countries and regions, the rule of law and jurisprudence on advanced search legislation , provide specific ideas and useful reference for the reform and improvement of China's Criminal Search System. Article first chapter is a fundamental issue criminal search briefly discussed . First, to clarify the various concepts in different countries and regions on the search; followed by three features discussed searched , legal and executive search range that is mandatory , program -specific ; finally raided the classification of the sort . The second chapter is a comparative law study on the search system. The author compared the rule of law in the country 's main United States, Britain , Germany, France , Japan and other search systems , the focus from the search starts, and the execution of the search for illegal search of relief raided three generous face made ​​analysis and summary. The third chapter of our article search system were analyzed. On the one hand , the analysis summarizes our current search system ; on the other hand , the rule of law by comparison with the developed countries , to reflect on our current system , put forward the main flaw of the search system, such as: the right to unreasonable search configuration , the lack of search the substantial reasons , such as a search warrant contents vague . Overall, the legal provisions relating to the search of China's comparative careless, unable to meet the requirements of judicial practice . The fourth chapter in the article on the basis of the above analysis , legislative concepts, principles and specific system search settings made ​​three suggestions to improve our search system in order to build a reasonable search system suitable for China 's benefit .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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