从授权到限权——搜查令功能研究

From Authorization to Restraint——A Research on the Function of Search Warrant

搜查证在具有授权功能的同时,通过对搜查对象的具体描述还具有限权功能。在中国的刑事诉讼理论与实践中,对于搜查证的授权功能没有疑问,但是,对于搜查证的限权功能还未引起足够的重视。其表现是,搜查证中记载的内容非常有限,通常仅限于对搜查对象的概括性描述,因此不足以形成对侦查人员搜查权力的限制。

The search warrant has the function of authorization, at the same time, it also has the function of restrain through specific describing the search object. In theory and practice of Chinese criminal procedure, the search warrant＇s authorization function has been accepted by all, but the restrain function of it has not yet attracted sufficient attention. For example, the contents recorded in the search warrant is very limited, usually limits to some general description of the search object, therefore not enough to restraint the investigator＇s power during search.