我国无证搜查制度之构建

世界主要法治发达国家和地区通过成文法或判例形式在刑事诉讼中确立了比较完善的无证搜查制度,而我国内地的无证搜查立法十分简略,有违无证搜查制度设立的基本规律,以致司法实践中存在诸多问题。在刑事诉讼法再修改之际,应借鉴法治发达国家和地区的成熟做法,完善我国的无证搜查制度。

Comparative Study on Warrantless Search

At present,the major countries and areas ruled by advanced legal system all over the world had established a relatively complete system of warrantless search appeared as statute law or judicial precedent in criminal proceeding,but the legislation of warrantless search in mainland of China is still very simple and brief,which not only goes against the basic law of system design,but also brings about many faults in value orientation and operation regulations of legislation,practice of law enforcement and judicial practice.We should draw lessons from advanced experience in the countries and areas ruled by advanced legal system to further improve the system of warrantless search in our country under the re-revision background of criminal procedure law.