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American Automobile Search Systems

Author: LiShen
Tutor: WuHongYao
School: China University of Political Science
Course: Procedural Law
Keywords: Writ principles Automobile exception Less expectation of privacy Protection of human rights
CLC: DD915.3
Type: Master's thesis
Year: 2011
Downloads: 39
Quote: 0
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Abstract


Search System relates to the power of the state intervention in the rights of the individual, usually associated with implementation of the force, so the modern rule of law state regulation on the strict substantive and procedural requirements of the search must be conducted, which the writ system is to protect the citizens' rights against the Government improper search system product. Auto search as a form of power of search, of course, to follow the relevant laws and regulations of the search. However, because the car has the characteristics of fast-moving car search can not be fully in accordance with the requirements of the writ principles, otherwise it will cause stiffness of the protection of the rights of citizens leaving the country can not conduct criminal investigation and prosecution. U.S. auto search system from the writ of adherence to the principles of development to the automobile exception to the rule, has gone through a hundred years. U.S. auto search has formed a relatively complete theoretical system, and run well in practice. By comparison, China's automobile search, regardless of theoretical research and legal requirements are relatively empty, frequent start and power status of China's automobile and car search in practice is disproportionate. Therefore, study the the mature auto search system, and then create and improve the auto search system for our availability of reference is of great significance. This paper is divided into five chapters. The first chapter discusses the the writ principles of the concept, the course of development, value and function as well as according to the writ car search - traditional car search. The second chapter introduces the creation of the American automobile exception, the focus of American automobile exception theoretical basis - mobility theory. Be discussed, I believe that the United States in the creation of the automobile exception raised the mobility theory there is nothing wrong, but unlimited expansion of automotive mobility in the development process. The third chapter focuses on the second theory of the American automobile exception - less expectation of privacy theory, through the analysis of relevant case, I think the American automobile less expectation of privacy theory does not support the automobile exception, widely quoted in the theory for the fight against crime narrows the civil rights of suspects. The fourth chapter discusses the scope of the U.S. auto search, search powers are vested in separate containers in the car as the carrier of container rules and search vehicles found the container rules (car exceptions) coexist, conflict and unified. The author believes that the Supreme Court of the United States automobile inner uniform application of the automobile exception is not appropriate, it is deprived of the fundamental rights of citizens, the Supreme Court became a servant of the government to combat crime. The fifth chapter is the focus of this article, this chapter first introduces the legislative and judicial status quo of China's auto search draw due to the lack of relevant laws and regulations, leading to civil rights in practice often violated by law enforcement agents and the lack of corresponding relief conclusion. In turn summarized the U.S. auto search system, some worth our learning experience, and the analysis of the state of social development in China and the focal point of the current judicial reform, I believe that our country can not be directly introduced into the United States automobile exception system, creating a and improve the auto search system, be sure to protect the civil rights considerations as a priority point. Finally, our country was founded and a few suggestions to improve the car search system.

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