经过近两年的调研,发现刑事案件侦查过程中用检查代替搜查的情形较为突出,其主要原因在于法律制度不健全、侦查人员程序观念不强、非法证据救济制度缺失等,因此应转变执法观念,建立无证搜查事后审查制度、健全非法证据救济制度,方可革除这一弊病。 After nearly two years of investigation and research, it has been found that the use of inspection instead of search during the investigation of criminal cases is more prominent. The main reason is that the legal system is not perfect, the procedure of investigators is not strong and the system of remedies for illegal evidence is missing. Therefore, the concept of law enforcement should be changed , Establish a post-censorship system for undocumented search and improve the relief system for illegal evidence so as to eliminate this shortcoming.