The Construction Of Criminal Compulsory Sampling System Of Our Country

In criminal lawsuit, compulsive sampling for basic civil rights intervention is various, even the intervention of the seriousness of more than general compulsory measures, so the legislation of investigation organ of forced sampling standard are particularly important. Foreign countries under the rule of compulsory sampling many regulation, especially with German compulsory sampling legal system as their representative. But China's criminal legislation, and no compulsive sampling legal status, and no compulsory sampling process specification a series of legal procedures. The judicial practice in cracking the case investigation organ, have to often use compulsive sampling, with no laws to regulate, making compulsory sampling extremely has the arbitrariness. Compulsive sampling legislative and judicial practice disconnect make it in real operation produced a series of problems, many experts and scholars appeal in the legislation in establishing compulsory sampling system, solve the legislative and judicial practice disconnect problem. Therefore, in the criminal procedure law of our country compulsive sampling, establish the legal status of the compulsory sampling the related legal procedures, and then realizing the legalization compulsory sampling operation. Compulsive sampling of the rule of law to promote the investigation procedure will be legalized also has branches role.This paper is divided into five parts, about thirty thousand words.Partâ… :This part is mandatory sampling system of basic overview. Concept definition helps us accurate grasp of discussion has theme, with China's criminal legislation forced sampling inspection, the personal body search system has different characteristics, to understand the differences between them, paying attention to the relationship between them is very important. Compulsive sampling determines the nature of the legal status of the compulsory sampling, compulsive sampling is highly intervention basic civil rights of forced disciplinary actions, it is a kind of independent forensics means. Understand the classification of compulsory sampling may better understand proportion principle in compulsory sampling system is how to implement.Partâ…¡: This part is the comparison of foreign compulsory sampling inspection. "Learning from others, may attack jade", the paper focuses on the USA, UK, Germany, Japan, and Taiwan mandatory sampling legal system, their compulsive sampling system has its generality, but also with different characteristics. America will be forced into the search in the name of the sample under, and by the fourth amendment protection, Britain will force the sampling alone legislation, but stipulated the privacy of sample may compel take, Germany's compulsive sampling prescribed in the physical examination identification chapter prescribed punishment, very carefully, Japan's compulsive sampling system not only have statutes to restrain, also have a large case can reference, compare distinctive place is on blood, swallowing content of dual licensing of compulsory sampling system, Taiwan mainly taking Germany of legislation, but there are many drawbacks.Partâ…¢:This part is introduced in China's criminal compulsory sampling of the status quo. Our criminal sampling there are many problems, such as the law did not specifically requires mandatory sampling, compulsory sampling startup has to be sampled arbitrariness, safeguard the rights of man and lack supervision and control mechanism, etc. Aiming at the problems existing in the compulsory sampling, explores the reasons, in which both backward legislation, and the influences of China's overall investigation procedure with relevant, deep lack legalization litigation culture factors have also affected the compulsory sampling the rule of law.Partâ…£:This part is to our country compulsive sampling legislation of the necessity of analysis. Compulsive sampling legislation is compensate for legal blank, realize the forced investigation is the inevitable requirement of legal principles, The exercise is to control and prevent distinguish procuratorial investigation abuse of power inevitable requirement, Also guarantees being sampled the fundamental rights of man, realize the goal of protecting human rights action request inevitably.Partâ…¤: This part is our country compulsive sampling system design. Compulsive sampling among the criminal lawsuit of our country can be established, must first make clear its legal status, regular speech name smoothly. Another compulsive sampling legislation should carry out a series of legal basic principles, these basic principles for compulsory sampling the rule-of-law operation is very important. Compulsive sampling should apply to the legal procedures, the main distinction for criminal suspects, defendants, third party mandatory sampling, in order to better implement proportion principle. Compulsive sampling of will give people being sampled right protection and relief mechanism. In addition, the establishment of the system of related also indispensable, such as the perfection of illegal evidence elimination rule, the criminal fingerprints and DNA database establishment, and related personnel witness system exemptions, etc.