Study Of The Reasonable Construction Of The Criminal Compulsory Sampling Procedures

As to the amendment of criminal procedural, China compulsory samplingprocedures is transited from "vacuum" state to a "half a vacuum" state. The criminalprocedure law brings "fingerprint information extraction, collecting blood, urine andother biological sample" into the law first time, and it can be a test for our country inconstructing the compulsory sampling procedures, it also shows that our country paymore and more attention to the protection of basic human rights. But, a few words oflaw provisions are too general after all, arbitrary and abuse are still in practice.Therefore, many scholars in legislation calling for the concrete reasonableconstruction of mandatory sampling procedures, so that the judicial practice can bebased on. Constructing the program of mandatory sampling procedures in China is notonly the following of the requirements of protecting human rights, it is also thepowerful measures in China’s rectification of judicial environment.Before writing this paper, the author accessing to relevant data found, at presentour academic circles have had many people in calling for regulating mandatorysampling procedures, including the principle mandatory sampling procedures shall befollowed by, the program and so on, but many differences still exist in the specificmeaning and detailed application rules, some ideas forced sampling shall belong tothe personal check, with reference to the relevant provisions of the personal check onapplicable, when some ideas forced sampling shall be independent out, and on the independent regulation. This year "criminal procedural law" change will propose theforce preliminary sampling, and this specific construction will be more important.In this article, the value analysis, comparative analysis are used to argue how tobest construct it in our country. Full text is divided into four chaptersThe first chapter is the overview of compulsory sampling procedures. Throughcomparison with personal check, search, the identification, it analyzes the uniquecharacteristics of compulsory sampling, which is not only a kind of evidence means, itis also a kind of investigative measures, so as to further the concept of compulsivesampling, play good theoretical basis for below theoretical.The second chapter basically introduce the present situation of the mandatorysampling procedures in our country, through analyzing and summarizing somescholars research data. The compulsory sampling procedures in our country at presentexist many problems, lacking of legislation and security, judicial arbitrary and so on,these problems have has its history and current reasons.The third chapter is basically compared to countries outside, to dig out thesuitable experience for China’s national conditions. By comparing of Britain and theUnited States in common system, Japan and Germany in the mainland legal system,we want to find the similarities and their characteristics, so the same principle can beavailable to us, their characteristics can also take long for us.The fourth chapter is to put forward the suggestion that construct a sampling ofthe program. We must first be clear in legislation, at the same time make sure ofcompulsory sampling procedures should be followed by the basic principles, the strictprocedures, finally keep relevant relief and supporting measures.