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刑事搜查是侦查机关获取犯罪证据的有效侦查手段,它也是可能侵犯公民人身权、隐私权以及财产权等基本权利的强制措施。因此,国外主要法治国家均对侦查机关的搜查行为规定了严格的证明标准或条件。我国刑事诉讼中的搜查法律规范非常粗放,侦查机关的搜查行为具有较大的随意性,侦查机关无须向第三者证明采取搜查措施具有必要性和正当性,对公民的基本权利造成损害的搜查屡见不鲜。借鉴法治国家的成功制度和技术性规定以完善我国的搜查实为必要。
Criminal search is an effective investigative tool for investigating authorities to obtain criminal evidence. It is also a compulsory measure that may infringe upon the basic rights of citizens such as personal rights, privacy and property rights. Therefore, all the major rule of law countries abroad have set strict standards or conditions for the search of investigation agencies. The law of search in criminal proceedings in our country is very extensive and the search of investigating authorities has a great deal of arbitrariness. There is no need for the investigating organ to prove to a third party that the search for measures is necessary and justifiable and that the damage to the basic rights of citizens Commonplace. It is necessary to learn from the successful systems and technical regulations of the countries under rule of law in order to improve the search of our country.