搜查,历来被公认为刑事诉讼中的一种侦查行为。在民事诉讼中,无论是试行的民事诉讼法还是法学理论都不主张人民法院可以通过搜查的方法来收集和调查证据。目前的实际情况是,法制的不健全、不完备已被愈来愈多的人所了解,有些人甚至研究并利用法律上的空子来达到其谋取不法利益之目的。例如,在审判实践中,常常碰到不少人钻民事诉讼法中无搜查规定这一空子来逃避人民法院的审判和执行。其表现有:为避免败诉而隐藏证据;为逃避执行而隐藏、转移财产;从地方保护主义出发,对法院调查设置种种障碍,等等。 Search has always been recognized as a kind of investigation in criminal proceedings. In civil lawsuits, neither the trial of civil procedure nor the theory of law advocate that people’s courts can collect and investigate evidence through search methods. At present, the actual situation is that the imperfect and incomplete legal system has been learned by more and more people. Some people even study and make use of the legal loopholes to achieve their purpose of seeking illegitimate profits. For example, in trial practice, it is common for many people to encounter the loopholes in the absence of a search warrant in the Code of Civil Procedure to evade the trial and enforcement of people’s courts. Its manifestations include: hiding evidence in order to avoid losing a lawsuit; hiding and diverting property in order to evade enforcement; proceeding from local protectionism, setting obstacles to court investigation, and so on.