试论程序法控制刑事搜查

Procedure Law Control Criminal Search

刑事搜查控制的方式有很多,程序法控制是其中之一,而且是为世界上诸多国家所采用的,效果卓著的控制模式。从国际视角考察一些主要的法治发达国家或地区在运用程序法进行刑事搜查时的表征,并作以比较法的研究,可以揭示这些国家或地区运用这种控制方式背后的法理,为我国刑事搜查制度的进一步完善所借鉴。

There are several methods to control the criminal search, and the procedural law control is one of them. The procedural law control is also a control mode, which not only has been adopted by many countries of the world but also has shown outstanding effect. This paper tries to examine the characters of some of the major developed countries or regions when they apply procedural law to rule criminal search from an international legal perspective, and also do a research of comparative law, with an aim that to reveal the jurisprudence which concealed in these countries or regions whey they use this control method.