The Principle Of Proportionality In The Mandatory Sampling

With the vigorous development of science and technology, more and more advancedtechnology gradually used for criminal investigations, mandatory sampling is one of them.Admittedly, compulsory sampling, especially DNA identification techniques for investigativeorgans in a timely manner to solve the case a lot of convenience, but can not be avoided,mandatory sampling will cause varying degrees of personal dignity of citizens, the right togood health, privacy and other fundamental rights infringement. If the over-emphasis on itspositive role in the prosecution of crime and laissez-faire the investigative organs arbitraryexercise the right of compulsory sampling, and no doubt will give the basic rights of citizensposes a great threat. To achieve the twin goals of the fight against crime and the protection ofhuman rights, it is necessary to force the sampling right to be strictly limited investigativeorgans, in order to achieve the respect and protection of the fundamental rights of citizens.Will restrict the exercise of public power as the core principle of proportionality introducedmandatory sampling system can effectively reconcile the fight against crime and theprotection of the natural contradictions between human rights, both organic balance.In addition to the introduction, the paper is constituted by four parts,30,000words:The first part of a detailed analysis of the importance of the principle of proportionalityapplies to compulsory sampling. By defining the concept of mandatory sampling and analysisof the nature of the compulsory sampling, and divided the compulsory sampling type, in orderto establish a basic understanding of the system of mandatory sampling; mandatory samplinglegal value analysis helps to understand the investigative practice mandatory sampling existsignificance. Despite the mandatory sampling in terms of significant investigative organs, butagainst its citizens’ basic human rights can not be overlooked. Only by facing abuse, bepossible to regulate and restrict the implementation of the right to compulsory sampling be.Guided by the principle of proportionality constraint investigative organs right to compulsorysampling exercise, will be mandatory sampling to minimize the infringement of thefundamental rights of citizens, to make it better serve the investigation practice.The second part is a comparative law principle of proportionality applies to mandatorysampling system investigated. The rule of law in the United States, the United Kingdom,Germany and Japan and other countries, not only provides for the principle of proportionalityto the constitutional principles, it is the principle of proportionality requires refinement to the specific procedural rules. Specific practices in the mandatory sampling system in the countryunder the rule of law, despite the differences, but overall, mainly by limiting mandatorysampling applicable conditions, standardized mandatory sampling implementation procedures,a clear sampling mandatory sampling evidence obtained evidence ability to strengthen therights of the people to be sampled relief to ensure that the proportion principles mandatorysample of the whole process.The third part is the approximate analysis of legislation and practice status of China’scompulsory sampling system. Through the empirical study of mandatory sampling systemhelps the mandatory sampling system perfect. Mandatory sampling from our system oflegislation and the practical situation, the degree of importance attached to the principle ofproportionality was not enough, this need to have a clear understanding.The fourth part of the introduction of the principle of proportionality of mandatorysampling make specific system envisaged. The principle of proportionality should apply to thecompulsory sampling; you must first obtain the express provisions of the law. In addition, wemust also learn from foreign experience, the spirit of the principle of proportionalityrefinement for specific program regulation, and a package of measures to ensurecomprehensive implementation of the principle of proportionality.