The Procedure Regulation Of Criminal Compulsory Sampling

In the practice of criminal procedure, as one of the compulsory detecting behaviors,the compulsory sampling which is very important in the criminal procedure, providematerial for the judicial authentication. However in China there is almost no relevant lawsand regulations in compulsory sampling. In this paper, based on the viewpoints of relevantexperts, scholars and legal practitioners, we define the conception of compulsory sampling,and compare it with other relevant conception such as the inspection of one’s body, searchand judicial authentication. So that we can have a clearer understanding of the property andthe features of compulsory sampling. Because the compulsory sampling will intervene civilrights unavoidably, in the following part, we analyse the conflict between compulsory andconstitutional rights in three aspects, which are physical inviolability, privacy andprocedural constitutional rights. To resolve this conflict, we need legal regulations, thereare already a lot of experience in the legislation of foreign countries, from which we canlearn. Then we make a comparison between UK, USA, German and Japan in order to givesome reference for the compulsory sampling in China. Lastly from the aspects of basicprinciples and specific systems, we design the compulsory sampling system.