无论是英美法系,还是大陆法系,对搜查证的签发设立证明标准是法治国家的通行做法。但我国搜查证明标准整体而言处于缺位状态,应当在立法理念和司法实践中加以完善,比如要体现比例原则、搜查证签发的证明标准明确化。 Whether it is Anglo-American legal system or civil law system, the establishment of certification standards for the issuance of search warrants is the common practice of countries under the rule of law. However, in our country, the standards of search and verification are in a vacancy as a whole, and should be perfected in the legislative concept and judicial practice. For instance, the principle of proportionality should be embodied and the standard of proof issued by the search warrants should be clarified.