刑事搜查立法精密化比较研究

Comparison and Useful Reference of the Accuracy in Legislation of Criminal Search

刑事搜查制度既关系到刑事侦查权的正当行使,又关系到被搜查人的人权保护,各国立法者都要在打击犯罪和保障人权之间进行艰难的价值选择,因此西方法治国家的立法者设计了一套精密科学的机制。然而我国关于刑事搜查制度方面的立法粗糙,人权保障不足。借鉴域外经验对我国刑事搜查制度予以全面改造,才是明智之举。

The system of criminal search is related to both the proper exercise of power in criminal investigation and the protection of human rights of the person being searched. And legislators in every country have to make their arduous Choice in values between the control of crime and the protection of human rights. Therefore,legislators in western countries ruled by law have designed a set of systems which are not only accurate but also scientific. But the legislation related to the system of criminal search in our country is very rough and lacks protection of human rights. And it is sagacious to reform the system of criminal search in our country by using for reference the experience of the western countries.