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我国现行搜查制度存在着诸多缺陷,其缺陷之一就是紧急搜查制度的不完善,立法过于粗疏,缺乏一些重要制度的规定:紧急搜查的形式要件与实质要件的阙如;紧急搜查的范围的合理确定;紧急搜查种类与事后审查等。制度上的缺陷反映在执法上就是紧急搜查权力的滥用给无辜公民的正当权益造成损害。因此构建科学的刑事紧急搜查制度,既能发挥紧急搜查的应有职能又能保障公民的合法权利,因此成为我国搜查制度改革必须面对的重要课题之一。
There are many shortcomings in the current search system in our country. One of its shortcomings is the imperfect emergency search system, the too-draconian legislation and the lack of provisions for some important systems: the lack of formal and substantive elements of emergency search; the reasonable determination of the scope of emergency search ; Emergency type of search and after-censorship. The institutional defects are reflected in the fact that the abuse of emergency search power in the law enforcement has caused damage to the legitimate rights and interests of innocent citizens. Therefore, building a scientific system of criminal emergency search can not only give full play to the due functions of an emergency search but also protect the legitimate rights of citizens. Therefore, it has become one of the important topics that must be faced in the reform of the search system in our country.