论我国刑事搜查制度的完善-法律专业论文.docx

IV IV that the imperative to improve our system of criminal search, an. “Stones from other hills, it is to jade.” Any system of research, it is necessary to sum up experience, but also learn from outside. Comparative study of extra-territorial legislation search system and judicial practice, we see two legal national or regional on search-related full, complete rules of procedure. Expressed in all clear that the search start condition and the reasons for the establishment of a search mechanism for judicial review, is a search warrant must comply with specific requirements, pay attention to protect the rights of persons being searched for searches to clear restrictions. Perfecting the system of criminal search required macro and micro aspects, from the legislative, judicial and law enforcement, to be amended. Adhere to theory with practice, should be unity and the Real, historical analysis, causal arguments, comparing methods of investigation, put forward to the ideas and suggestions. My review of the decision should be based search mechanism for prosecution, the prosecution issued a search warrant, and to give the investigating authorities under certain circumstances the right to searches. Than to give the court discretion to search, which is more in line with our constitutional system and legal status, but also more efficient. Search should be made clear the real conditions on the ground start to limit the search, taking into account detection efficiency and protection of human rights. Strengthen the search warrants specific requirements, improve the search procedure. Further improve the provisions of searches, improve the search incidental to arrest detention system, independent set up an emergency search system. Consider the status of our rule of law, put forward the motion should not establish consent to search. On secret searches, the temptation to search such as extra-search activities should be the legislative and judicial rules, so that in a law-based state.