美国联邦宪法第四修正案对我国搜查制度的启示-诉讼法学专业毕业论文.docx

PAGE PAGE VI Abstract The core of Fourth Amendment is investigating authorities to prohibit unreasonable searches. Lawful searches is the violations of basic human rights . If Permitting the existence of illegal search, trampling on human rights will be more serious. To ensure the judicial practice of acts of the Governments search lawful and reasonable, “Probable Cause” and Warrant Rule control search behavior of the government in the startup programs. Fourth Amendment controls the Governments search behavior, and it protect the human right at the same time, especially the protect of privacy. As one of the Criminal Procedure Law investigating stipulating, searching has the compulsion punishments nature, punishes the crime effectively, which has decided to search measure once getting it in gear, may be a product, dwelling house and private matters one wants to hide to civil person right away surely, and so on weighs while punishment commits a crime effectively, since the person has the character subjecting to a forcible measure. If abuses the search authority, which extremely easily to outside the suspect or the document personnels person, the property and the right of privacy creates infringement. Therefore the searching becomes the key point of various countries’ criminal activity legal norm. Compares with the overseas mature search system, the search stipulation of our country criminal prosecution law, manifested our country still to receive the authority principle in the detection procedure the tradition,but the direction of the searching reforms our country criminal prosecution contradicts. Comprehensive survey the design of searching procedure and the detection practice operation our country, which value orientation obvious tendency in how effectively searching crime, but has neglected interests safeguard of the suspect and other citizen legitimate rights. This searching has latent threat to the citizen is in the search process to the citizen personal r