Dissertation > Excellent graduate degree dissertation topics show

A Study on the Due Process of Criminal Search

Author: SongMinJie
Tutor: ZhouBaoFeng
School: Inner Mongolia University
Course: Procedural Law
Keywords: Criminal Search Due process Comparative examination Improve
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 100
Quote: 1
Read: Download Dissertation

Abstract


In recent years, with the development of society and the advance of science and technology, new types of criminal cases become complicated, organized, intellectualized and concealed, which has become an indisputable fact. This phenomenon poses a severe threat to the work of criminal investigation. Criminal search, as an important measure of investigation, has a great value to the collection of evidence, the detection of crime, the maintenance of the security of the state and society. The practice has also proved that the criminal search is one of the effective measures in cracking difficult uncovered cases. However, searching is state power and essentially belongs to the executive power, which is bound with the nature of the danger. If it is used improperly, it easily becomes a tool of violating civil rights. Therefore, how to regulate the exercise of the searching power and prevent the abuse of the state power of the detective organ have become the urgent subject that criminal procedure in theory and practice must face. The countries that practice the rule of law in the western world have conducted a comprehensive specification and control to the practice of measures of criminal search in order to protect rights and interests of the citizens. They generally demand that criminal search must carry out the principle of proportionality and that of legal and judicial reservation, take strict judicial writs measure to control criminal search, and they set up the substance of the elements launching the criminal search and strict procedures regulating it, and establish a strict system of rules of evidence to rule out the possibility of unlawful search by police and to protect the legitimate rights and interests of citizens, in order to limit the criminal search in a reasonable range. The law of Criminal Procedure of China and other laws and regulations have some provisions for the criminal search, but these provisions are not comprehensive and they show a strong tendency of orientating authority, which cause the abuse of search power in judicial practice and thus violate basic civil rights of the citizens. At the same time, the research on the legal control of the criminal search in theory is not deep enough. As a result, the construction of a reasonable criminal search system faces a series of problems. Therefore, it is necessary for China to draw on the experience of the western countries to legally control the criminal search in order to change the status quo of the system of our country’s criminal search in legislation and practice. To achieve the goals of controlling crime, protecting human rights and to ensure the good mechanism of the power of criminal search, China should follow the strategies of using one power checking and balancing another power, the right restricting the power, the procedure regulating it and the result limiting it to construct a kind of legal mechanisms reasonably controlling the abuse of searching right. In this paper, some advice on improving the legal control of criminal search are put forward through studying the relevant legislation in western countries and absorbing their successful experiences in this aspect. As for how to limit the launch of the search procedure, it can be achieved by redistributing searching power and defining substantive requirements of the criminal search. As for how to regulate its execution, it can be realized by strictly stipulating different compulsory conditions. And as for the results of criminal search, it can be constrained by ordinary and constitutional relief mechanisms.

Related Dissertations

  1. "Small Group" Model to Improve Teaching Aerobics Girls Vocational Colleges Mental Health Research,G831.3
  2. Studies on the Processing Improvement of Dry-Cured Goose and Their Quality Variations,TS251.55
  3. On Criminal Difficult Cases in the Perspective of Due Process,D925.2
  4. Research on the Government Information Disclosure System in China,D630
  5. On the Perfection of the System of Reeducation Through Labor,D926.8
  6. How to Cultivate Students’ Innovative Abilities by Colleges Professional Photographers,J40-4
  7. Improving Design and Performance Analysis of 5 Ton Trackless Forging Manipulator,TG315
  8. Acquired in Good Faith Implementation of the Civil Application of the System,D925.1
  9. Analysis of the Due Process in Restricting Death Penalty,D925.2
  10. Research on Our Country’s Legal System of Rural Social Assistance,D422.6
  11. Criminal Judicial Review of Search and Seizure,D925.2
  12. On Improvement of the Criminal Search in Our Country,D925.2
  13. The Design and Implementation of Improvement of Qinghai Unicom’s Business Support System,F626
  14. Art Colleges of Ideoloical and Political Education,G641
  15. Chinese universities continuing education management model to explore,G724
  16. The Effectiveness of Local Government Administration Research,D630
  17. Research on the Reconstruction and the Failure Cause of the Administrative Ethics in China,D630
  18. Study about the Difficulties and Cuntermeasure of Higher Education’s Letters and Visits,D632.8
  19. Legal Regulation of Food Safety Study,F203
  20. Management of employment of foreigners in China Legal System,D922.14
  21. Study on Technology of High Pressure Water Jet Slotting to Intensify Gas Drainage,TD712.6

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net  Mobile