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Criminal Search System
Author: YanQiCheng
Tutor: MaGuiXiang
School: Fudan University
Course: Legal
Keywords: search system compare legislative reform
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 39
Quote: 0
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Abstract
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The criminal search system is an important institution to collect evidence and ferret out suspects in criminal prosecution. Being one kind of governmental authority, the search is compulsory, and is at cost of people’s right of freedom, dignity, privacy, and property. The tendency of infringement is more and more serious because of the science technology introduced into this area. Therefore, the conflict of right of private person and public authority is apparent in this system.Historical reasons and conservative legislative theory makes the legislation of criminal search indefinitely in China. Losing the balance of right of private person and public authority, illegal search conduct happens sometimes. The legislation in developed countries are mature and can be used for reference, however, not all of them is adapted to China. Therefore, we need to learn selectively. This paper is about comparing the difference of criminal search system in developed counties and China, analyzing shortage of current legislation in this area, trying to find a way more protectable to private right without weakening the public authority.There are three parts of the paper. First, it defines the conception of criminal search and criminal search system discusses the history of legislation. Second, it compares the difference of criminal search system in the Continental Law System and Common Law System. Third, it analyzes the current situation in China, points the shortages in legislation and practice in criminal search. Forth, it tries to recommend some reformation in this area in China.
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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