The Procedure Research On Criminal Compulsory Sampling

In such an era that science technology develops rapidly,the investigating organ has more options using more advanced technology to find out the truth during the investigation of cases.Criminal compulsory sampling behaviors obtain the evidence through the technology,so it is often used in judicial activities.However,the criminal compulsory sampling was carried out without disagree of the counterpart after all,but both need to collecting sample inside the body and outside the body,this probably infringe upon the personal rights.Therefore,the investigating organ not only to find out the objective truth using criminal compulsory sampling program,but it also need to protect the fundamental rights of citizens without largely prejudice.Of course,this requires legislation to improve the relevant provisions of criminal compulsory sampling procedures,assure the investigators have regulation to follow.This paper focuses on the assessment of the legislative and judicial status of criminal compulsory sampling program in China by studying the civil law and common law countries and regions and get benefit from it,the author finally put forward specific suggestions and necessity to improve the criminal compulsory sampling program in China.This article is divided into four parts:the first chapter is mainly analysesrelevant concepts of criminal compulsory sampling.First,the author summarizes the meaning of Chinese scholars on criminal compulsory sampling,and makes a complete analysis about it;compare it with other relevant conception such as the inspection of one's body,search and judicialauthentication;by the analysis,criminal compulsory sampling is not only a very high degree of intervention of Civil Rights mandatory measures,but also is the way of obtaining evidence independently.Final part is that the criminal compulsory sampling can be classify into 4 different aspects,to set different conditions and procedures by studying the different classifications, to the maximum extent can protect the rights of citizens.The second chapter,it is mainly studying the legislative and judicial situation of the criminal compulsory sampling program,and pointed out that the main reasons of the current situation caused by the lack of legal norm to regulate its,the culture of a long-term lawsuit in China,and citizen is lack of awareness to protect its rights.The third chapter is about the evaluation of two legal systems forced sampling program,mainly on Germany,Japan,Taiwan,the United States and the United Kingdom in both theory and practice of criminal compulsory sampling program,and analyze these countries (regions) forced sampling the similarities and differences.The final chapter discussed the enlightenment of two legal systems forced sampling to our country,there are four aspects of this part:first,in terms of the concept of legislative philosophy have to balance the value pursuit of punishing crime and protecting human rights;second,it needs to establish the effective supervision on procedure supervision aspect,regulates the criminal compulsory sampling program should go through the process of examination and approval by judicial organs;third,the different kinds of criminal compulsory sampling programs should choose different operating conditions,especially in terms of program design;fourth,there must have explicit law rules on sample management way.The fourth chapter is about the improvement of the criminal compulsory sampling program in China.This part first summarizes complements of this programs must carry out the principle of legally prescribed for the criminal compulsory sampling investigation,to avoid the criminal compulsory investigation be expanded at will and the necessary requirement of implementation for promoting and protecting on a concept of human rights;in particular from establish the behavioral status of criminal compulsory sampling program independently,abide by law reservation,proportions and judicial examination principle,regulate four aspects to perfect it which are included substantive requirements,procedural requirements,the protection of specimen's rights and relief mechanism.