Study On The System Of Criminal Compulsory Sampling In China

The criminal compulsory sampling is a kind of investigation measure through the acquisition of samples of human body surface or in vivo and the acquisition is used for criminal identification and comparison. As an important means of criminal investigation, the measure plays a key role in collecting criminal evidence and targeting criminals accurately, especially the widely used DNA science and technology in the field of investigation results in the compulsory sampling plays a unique investigation function in individual identification and biological information acquisition. Although the compulsory sampling system brings convenience to the criminal investigation, it causes interference of the exercise of basic civil rights. The purpose of this paper is to study how to assure human rights, avoid risks, achieve the balance of power control and rights guarantee while the compulsory sampling plays the maximum value. Based on the purpose of study and understanding of the relevant theories of criminal compulsory sampling, this paper attempts to conduct in-depth investigation found in the process of implementation, combine the basic spirit of law reservation principle, proportionality principle and principle of judicial review, discuss the basic principles suitable for compulsory sampling system and on this basis, tentatively put forward the suggestions of procedure construction for compulsory sampling to conduct a powerful analysis and argumentation for the theory and practice of criminal compulsory sampling system.The first part is the discussion of the basic theory of criminal compulsory sampling system. This part is elaborated from three aspects of compulsory sampling:connotation, types, legal principle. Conduct inductive demonstration of argumentation of concept elements and legal attribute of criminal compulsory sampling firstly, and compare with other related concepts, and summarize the basic concept of criminal compulsory sampling. Secondly, conduct legal principle analysis for the compulsory sampling system, mainly discuss in depth the conflict of compulsory sampling system and guarantee of human rights as well as the confrontation of compulsory sampling system and self incrimination without being forced. Finally, according to different classification standards, four types of compulsory sampling are introduced.The second part is the comparative study of criminal compulsory sampling system. This part of study is carried out around four aspects which are the starting basis, review procedures, implementation procedures and rights relief of compulsive sampling, mainly introduces the legislative status of compulsive sampling system in Britain, the United States, Germany, and Japan, from which the commonplace of compulsive sampling system legislation in various countries under the rule of law is summed up, in order to provide some reference for construction and improvement of the compulsory sampling system in our country.The third part analyzes the status quo of the implementation of criminal compulsory sampling system in our country. This paper examines the current implementation status and existing problems of compulsory sampling in our country mainly from the perspectives of legislation and practice, points out the legislation of compulsory sampling system in our country is not perfect enough, the practice appears to be a bit rough, and makes a comprehensive analysis on these problems.The fourth part is the scientific construction of the criminal compulsory sampling system. This part is the ultimate goal of the dissertation. In the legislative model, the foreign rule of law principle can be referred to for legislative design, and it is suggested that the compulsory sampling procedure should be stipulated in special chapters, and the provisions should be more specific and regulatory. Five aspects of establishing classification system, limiting starting conditions, detailing approval mechanism, standardizing the implementation procedures and strengthening the protection of rights are included in the perfect concrete thoughts, and the systemic argumentation for the implementation basis is conducted.