困境与出路:论我国无证搜查制度的完善

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,而我国无证搜查制度的立法却十分粗略,有违正当程序的基本要求,以致司法实践中出现诸多问题。我国的无证搜查制度应当加以改革和完善,以实现打击犯罪与保障人权的契合。

Difficulties and Outlet: the Perfection of China's Search-without-Warrant System

The main nations and districts of law established a relatively perfect system of Search-without-Warrant by the statute law or cases in the criminal lawsuits. Comparatively the system in our country＇s legislation is very rough, which goes against the basic requirement of due process, thus leading many problems in judicial practice. Search-with- out-Warrant System in our country shall be reformed and perfected to realize the conjunction of punishing crimes and pro- tecting human rights.