完善我国现行搜查制度浅论

On Perfecting Search System in China

搜查是发现犯罪和揭露犯罪的重要侦查手段,搜查过程也是最容易发生侵害被搜查者合法权利的阶段。我国现行搜查制度存在较多的缺陷,既不利于惩罚犯罪目的的实现,更不利于保障人权目的的实现。修正现行搜查制度势在必行,也是建设尊重和保障人权的法治国家的内在要求。

Search is an important measure to investigate crime, and in the course of searching the suspect＇s legitimate right will often be violated. There are many deficiencies in our present system of search, which hinder the achievement of purpose of punishing crime and safeguarding human rights. It is imperative to amend our present system of search in order to perfect the law systems of China in which the human rights are respected and guaranteed.