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Research on Consent Search and Its Construction in China

Author: LiRuiKai
Tutor: YuShuYi
School: Lanzhou University
Course: Legal
Keywords: Consent to a search Voluntary consent Obligation to inform Building
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 19
Quote: 0
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Abstract


Consent to a search as a unique criminal coercive measures, reasonable consent to a search may infringe conferred by the Constitution of the fundamental rights of citizens. Therefore, how to play agreed to the superiority of the search system while avoiding the abuse of power has become an important subject of academic research in the various countries and regions. Our law did not consent to a search, theoretical research has not yet fully expanded. Therefore, this paper intends to proceed from the basic concept of consent to a search, the legal basis of consent to a search. Foreign Investigation as to consent to a search of major civil law countries the legislation on consent to a search system, as well as the United States case law theory. And analysis of the elements of consent to a search, and on this basis, and further agreed to search the necessity and possibility of the theory analysis of introduction, and build China's consent to a search system presented preliminary ideas. The main part of this article, a total of two thousand words, in addition to the conclusion outside, the body is divided into four parts: the first part, consent to a search systems are outlined. What is the legal basis for this section attempts to answer several questions: What is a consent to a search? Consent to a search? Consent to a search of what is the meaning? This section consists of three parts: First, the definition of consent to a search of the meaning of its types; Second, explore consent to a search legal basis, including the \The second part of the consent to a search system Foreign Investigation. This section is to consent to a search system Foreign Investigation the three classic case of civil law system, and consent to a search of the national legislation of the United States Supreme Court to consent to a search theory, by introducing major: 施奈克罗斯 case, Drayton case and Randolph case. In this paper the first part and the second part of the discussion on the basis of, respectively, the point of contention on the three cases, the verdict and the impact evaluation of major civil law countries, legislative consent to a search of theory in the case, as well as case law roughly comb. The third part, the analysis of the elements of consent to a search. Section I of this part of the analysis of the substantive requirements of consent to a search, including the main elements of the subjective element analysis; Section II of the elements of the program to consent to a search, including the obligation to inform law enforcement agree that the scope of the search, with retractable; first three is principally engaged in the necessity of judicial review, the consequences on the substantive law as well as evidence of the use of prohibited runners, to discuss the legal consequences of illegal consent to a search. The fourth part, China agreed to build search system. This section by analyzing the real problem of our search system and agree to search the system with our existing legal system \Depicting the initial frame.

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