The Regulation And Improvement Research On Criminal Compulsory Sampling Procedures Of China

Compulsory sampling, as a regular mean of criminal investigation, plays animportant role in finding truth after comparing and examining the evidences.Especially under the background of increasing integration of modern medicaltechnique and criminal investigation, there is an increasingly frequent trend forinvestigation organ’s to collect and identify fingerprint, hair, blood, and body fluidfrom suspect, defendant and injured party. However, at the mean time, this trendintensifies conflicts between the goal of publishing criminals and the basic right ofsampling subjects. Under some circumstances, for example, surgery or gastric lavage，the harmful impact of collecting samples on subjects is no less than the impact ofextended custody or extortion of confessions as a result of direct infringement tosubjects’ body right while collecting samples. Hence, the legitimacy of compulsorysampling has to be conferred by basic law and the procedure should be under strictregulation, or the power of investigator would be excessively expanded and finallyendanger the basic right of subjects. Therefore, this paper will discuss some aspectsabout procedural regulation in respect of compulsory sampling. The paper is dividedinto four parts:The first chapter, is the basic theory of criminal compulsory sampling. Definingthe concept clear and reasonable, is to build the foundation of criminal compulsorysampling system.This section first explains the concept and connotation of criminalcompulsory sampling, and then analyze its property, then compare the difference between the concept of personal check to search and expert testimony. Finally, thecriminal compulsory sampling classification, for subsequent proceedings, providedtheoretical classification and applicable standards.The second chapter is the investigation of the extraterritorial criminal compulsivesampling system. This paper mainly introduces Germany, Japan, the United States,Britain related criminal compulsory sampling system, and carry on the comparativelaw review, analyze the similarities, principles, sum up experience, to providereasonable reference materials for the construction of our country criminalcompulsive sampling system..The third chapter, is described the status of China’s criminal compulsorysampling, On the basis of existing legislation, academic research, judicial practice,summarizes our enforcement problems of criminal compulsory sampling, such aslegislative norms careless, start any program, review procedures weakeningsafeguards absence of some other column problems. Then, in view of these questionshas carried on the exploration, from the weight of the Criminal Procedure Code topunish legislative, judicial protection of human rights ideological light, theinvestigation procedure legalization lag, large social costs as well as civil rightsactivist perspective of reasons such as poor awareness.The fourth chapter,is some suggestions from the author of the establishment ofChina’s criminal procedural system of compulsory sampling. The basic principle ofcriminal compulsory sampling procedures should be followed as a guide, from fouraspects of criminal compulsory sampling procedure of the implementation of the mainbody, the applicable objects, conditions of use, extraction process four in this paper,expand the relevant opinions and ideas of the author. Criminal compulsory sample notonly in the investigation stage, while applying equally to the referee stage, but alsomust pay attention to the right after the relief mechanism, thus to build a completecriminal compulsory sampling procedures, it is necessary for legal supervision,judicial review, relief program and related supporting for research.