Criminal Compulsory Sampling And Research On The Procedural Control

Criminal mandatory sampling as a high-tech investigative techniques have been widely used in the national judicial practice. But to force the use of sampling is a double-edged sword, both to improve the detection efficiency, but also varying degrees of violation of the fundamental rights of citizens. Regulation from the legislative acts of forced sampling is particularly important. Extraterritorial country under the rule of law already aware that it’s double-sided, and have adopted procedures to regulate it. Of legislation until the new provisions of Article130of the Code of Criminal Procedure "can extract the fingerprint information, collection of blood, urine and other biological samples from a legal level, was the first time will force the sample into legal adjustment range for compulsory sampling the legal support. However, the mandatory provisions of sampling only a few words, regardless of its as norms integrity, operability and deep philosophy, etc., have a great deal of research space, such as:Do we have the need for mandatory sampling? The power to control? How to control? With these questions to begin the writing of this article. The thesis is divided into four parts:The first part of criminal compulsory sampling of necessity, as well as legislative significance. For the necessity of major three-pronged approach to analysis, the need to combat crime, to obtain evidence of the need to protect national interests. And from authorized and limit the right to two angles elaborated sampling the compulsory criminal legislation of significance. Concluded by demonstrating the right of criminal compulsory sampling exercise is necessary and must Legislative. The second part of criminal compulsory sampling may face questioning. Starting from the concepts and principles of the criminal proceedings, the demonstration compulsory criminal sampling some of the drawbacks and risks, civil rights violations in the implementation process, it is necessary to limit the powers of.The third part the criminal compulsory sampling program control rights. In order to reduce the disadvantages of criminal compulsory sampling, regulation program. Under the background of the drawbacks of the entity controlling the growing storm drain, and increased emphasis on the procedural law of independent value, program control rights imperative. To strengthen the protection of human rights in order to prevent the abuse of the right of the investigation, an urgent need through the the compulsory sampling program control rights. Extraterritorial national rule of law in this regard is relatively sound, through the introduction of extraterritorial national program regulation, we derive inspiration.Part IV interpretation of the existing provisions of criminal proceedings, not only affirmed the significance of its practice of mandatory sampling behavior, which found insufficient, and the experience of extraterritorial countries, compulsory sampling of the Criminal procedure control recommendations. Six from the mandatory implementation of the main sampling scope, the substantive requirements of the program elements, the right to relief, sample preservation expounded their views.