我国刑事搜查、扣押制度的改革与完善

The Reform and Perfect of the Search and Seizure System in Our Criminal Procedure

在我国,由于长期以来财产权并不被认为是公民的一项宪法权利,因而,可能侵犯公民财产权的搜查、扣押措施没有被纳入强制措施体系,这对保护公民的财产权极为不利。由于本次宪法修正案已经明确规定私有财产权是公民的一项宪法权利,因而建议在将来修改刑事诉讼法时,将搜查和扣押措施纳入强制措施体系加以规范。

From the viewpoint of constitutionalism, the criminal compulsory measures are the actions taking by the prosecuting organ and the court that infringes the autonomy o f the will of the people and violates the constitutional rights of the people. The application of the compulsory measures must follow the requirements of the principle of proportionality and the principle of judicial review. Because the personal property right hadn't been viewed as the constitutional right of the people for a long time, the search and seizure was not put into the system of the compulsory measures in our country, and this is of great disadvantageous to the protection of the people's property right. As this constitutional amendment declared that the personal property right is the constitutional right. Our criminal procedure was proposed to be amended accordingly and the search and seizure be put into the compulsory measure system.