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Study on Control of Criminal Search Procedures

Author: XiaoQiuSong
Tutor: ZhouBaoFeng；ZhangSheng
School: Inner Mongolia University
Course: Legal
Keywords: Criminal search Warrantless searches warrant Relief processes
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 51
Quote: 0
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Abstract


Criminal search as an important investigative measures, for the collection of evidence, the detection of crime, safeguard national security and stability and social value is important, but equally we should also recognize that criminal search operation must comply with the Constitutional Theory and the requirements of due process. It is the exercise of the need for social stability, but the exercise is bound to result in civil and personal rights, property rights and other violations of basic civil rights, so that program on how to regulate the criminal search and control, making it a reasonable exercise of great significance。Germany, France and Britain through the rule of law and national criminal search procedures such as control of the inspection, the rule of law is not difficult to see in the West mostly criminal search warrant as the principle, warrantless searches for the exception to the warrantless searches were made specific and detailed provisions, the implementation of criminal search decision and the separation of executive power, the search by a neutral reason for the judiciary to review the case and decide whether to search for different types of searches, start with the implementation of the reasons for different standards standards, and all of the criminal search the scope, timing and other details made a more detailed and more specific provisions, the relief mechanism for criminal search, the Western countries most of the rules of the illegal evidence exclusion principle provides that evidence obtained for the illegal search is generally excluded, while giving the judiciary the final decision, in addition to administrative proceedings the State the right to compensation.In China, the current judicial interpretation of the Code of Criminal Procedure and the relevant provisions of the criminal search thick and wide, not operational. The principle of not implementing a search warrant, the search initiated by the enforcement authority to decide the reason for vague searches, warrantless searches does not exist the system operable, and the lack of consent searches, warrantless searches and permit for the search, the third man and searched the suspect’s standards not up and running for the distinction between matters of record, and a search warrant of the time do not pay attention to the protection of the rights of citizens, search privacy of citizens do not pay attention to the protection of such rights, For the search there are also major shortcomings of legal supervision and conduct of the illegal search, without any protection of citizens and relief.In view of the problems our criminal search, I suggest the following aspects should be criminal in China to improve search. Including the introduction of the principle of legality and proportionality, and improve the legal supervision of the criminal search mechanisms, clearly defined The principle of the criminal search warrant, warrantless searches for missing our system requirements and improve the implementation of the decision to search and the separation of executive power, by a neutral judicial review of the reasons for the search and decide whether a search, the search object to different requirements of different standards and performance standards startup, in addition to the criminal search procedures should be refined, our country of illegal evidence exclusion rules refinement and improvement, included in the administrative case against the illegal search case range and scope of state compensation.

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