Research on China's Criminal Unlicensed Search System

Abstract

According to whether investigators have a search warrant when searching, criminal search can be divided into certified search and unlicensed search. Articles 136 to 140 of the Criminal Procedure Law of People's Republic of China (PRC) make strict provisions on criminal search, among which Article 138 stipulates that investigators can conduct a search without a search warrant in case of an emergency when carrying out arrest or detention. As an exception to the documented search, the unlicensed search aims to make up for the inherent limitations of the documented search system and improve the efficiency of case investigation by investigation organs. However, in judicial practice, there are many restrictions and requirements for investigators to apply unlicensed search, which violates the original legislative concept and is difficult to punish crimes and protect human rights. Based on this, this paper mainly aims at the development status of unlicensed search in China and analyzes the problems existing in the system of unlicensed search in China. At the same time, combined with the unlicensed search system in developed countries ruled by law, we should actively explore the development path of unlicensed search system in China.