The Dilemma and Improvement:On China's Search System without Warrant——A Reflection on a Case

The search-detain institution faces a dilemma of marginalization in its application,and a phenomenon of legislation breaking abundantly exists in practice.Normative speaking,the main reasons lie in two aspects,one is the incomplete system of search without warrant,the other is the unclear limitation between the behavior of criminal search and the measures of administrative examination,although the later two could always achieve a relative effect,which leads to a result of incapable,unwilling and non-essential for the investigate office to carry on lawfully search working.The realization of rule of procedural law should be taken as a direction,and the transition based on the modification of the treatment is proposed on the operational level.On condition the improvement of the search without warrant system as well as the regulating of the evidence detain system work are completed.What's more,the commissioning condition and operating measures between the administrative examination and the criminal search need to be distinguished step by step,so that the effectiveness and the lawful implementation of the search-detain measures could be ensured from the normative aspect.