The Study Of Criminal Physical Examination System

With the rapid development of science and technology, a series of physical examination technology have been increasingly maturated, and physical examination have acted as a key role in finding the truth of the case, which has been frequently used as an investigative measure by investigating organs. But the fundamental rights of individuals are extremely vulnerable to be invaded in the proceeding of physical examining. The modern concept"rule of law"requires the balance between the truth finding of the case and people's legal right protecting in enacting relevant laws and regulations on physical examination. And even some scholars in TaiWan regard physical examination as one of the best"touchstones"in testing"Code of Criminal Procedure as application of the Constitution". However, the law of physical examination system in our country is not perfect. The relevant laws and regulations are so inattentive that the investigating organs can use it wantonly. Because of that , It is necessary to make a system research in physical examination to get ready to improve our counry's laws and regulations on physical examination system.In the paper, the writer has interpreted the basic theories; and has made some proposals for improving our country's regulations on physical examination on the base of analysing the reality about regulations on physical examination in our country and some western democratic countries. There are four parts in this paper. The first part is an overview of the physical examination in criminal physical examination. In this part, the writer have introduced the concept and the legal nature of the of physical examination in criminal physical examination. Through the analysis, the writer believes that the physical examination in criminal procedure is not only a detection measure, but also a coercive measure; besides, the paper has further defined the extension of physical examination through analysing some of similar concepts on physical examination. In addition, the author also has described several classifications on physical examination in theory.In the second part, the writer has described the current situation of physical examination in China, analysed the shortcomings and the reasons of them. After the analysing, it can be confirmed that physical examination is still not perfect, because of the past mainstream of legislative concepts of emphasis on substantive justice and collective interests while contempt on procedural justice and depising the rights of individuals and the immature legislation technology. In the third part of the paper, the writer has described the physical examination in Germany, Japan, the United States, and the United Kingdom, which are representing the western democratic countries, and given analysis on them.In the fourth part, the writer has put forward some ideas of improving the physical examination system in China. In this section, on the base of improving the classification on physical examination ,the writer has put forward a series of specific measures on implementation procedures , on protection of human rights of the person who be checked and on punishment of illegal physical examination .