The Analysis On Criminal Physical Inspection System

Since ancient times, criminal physical inspection has great meaning for the fact of the cases. Nowadays, with the continuous progress of human society and development of science and technology, various kinds of physical inspection technology are also gaining perfection on a daily basis. Physical inspection is often adopted as investigative measures by investigative organization. Due to the growing maturity of legislation and the stringency in the judicial process, etc, inhuman measures such as getting the confession from the accused, the statement of victim or testimony of witness by torture as well as other inhuman methods are forbidden objectively. Thus physical inspection has already become one of the legitimate investigation methods in minority in the current criminal procedure law field which will infringe on individual rights of citizen. Because of this, carrying out physical inspection tends to lead to the infringement of basic rights of the citizen individual. Some scholar in Taiwan province even thinks that physical inspection is one of the best "touchstones" to test "the criminal procedure law as the application of the Constitution." How to reach balance between finding the truth about the case and protecting basic rights of citizen individuals is the basic requirement to develop the physical inspection system by related laws under the guidance of modern legal system idea. However, currently our criminal physical inspection system is by no means perfect. According to the stipulations of our present related criminal procedure laws, it is too abstract to protect the legitimate rights of the inspected person from "legal" infringement exerted by investigative organization. At present, there’s space in the process of criminal proceedings which can be used by investigative organizations to carry out physical inspection. Due to this reason, the writer thinks that theory circle should carry out systematic research on criminal physical inspection system so as to make preparations to complete the law regarding our physical inspection system accordingly.In this paper, the writer explains the basic theories in detail, such as the contents of physical inspection system. He also analyzes the current situation of our physical inspection system by introducing the physical inspection systems of several western countries with relatively mature laws, such as Germany, Japan, Britain, and the USA. He further proposes the ponder regarding how to complete our physical inspection system. The main body of this paper can be divided into three parts. Part one gives detailed explanation to the contents of criminal physical inspection system as well as the legal nature. In this part, the writer thinks that physical inspection system is a coercive measure in investigation, by introducing the content of criminal physical inspection, analyzing the legal nature of physical inspection, making comparisons on several concepts similar to physical inspection, further defining the extensions of physical inspection, and so on. Part two introduces our regulations regarding criminal physical inspection system by combing our related laws and judicial interpretations. It also analyzes the state of backwardness of related stipulations of our physical inspection system as well as its causes. By analyzing the defects existing in our criminal physical inspection system and its main causes, the writer thinks that our current physical inspection system is far more complete. Surely, its main causes are as follows:our consistent emphasison entity and neglection on procedures in our legal system idea, the extended understanding of common citizens to the dedication spirit of the CPC, high emphasis on collective interests and neglection on individual rights, etc,. Part three puts forward some ideas to complete our physical inspection system. In this part, the writer gives introductions of the stipulations of physical inspection system in the laws of some western countries with relatively mature legal system such as Germany, Japan, the USA, Britain, and so on, by which to analyze our related system. On the basis of completing our physical inspection classification, some specific measures are put forward by the writer, such as accurately defining the range of the inspected person, especially" the third person", regularizing the set-up procedure of physical inspection, providing definite stipulations on various litigation rights of the inspected person, as well as providing definite stipulations regarding the force verification procedures and conditions, and so on.