Research On Constitutional Control Of Police Forced Sampling

Police compulsory sampling is one of the few powers which could infringe health and life of citizens without trial.The legislation of police compulsory sampling is based on the Constitution,which causes that the normative system of police compulsory sampling should concretize the constitutional provisions including the guarantee of constitutional rights.Recently,the legal system of police's compulsory sampling leaves a signal that it deviates from the standard design,which may damage the constitutional authority and make it difficult to protect the constitutional rights of citizens,and this phenomenon causes the legal system of police compulsory sampling needs a constitutional review urgently.In order to guarantee constitutional rights and maintain the authority of Constitution,this paper mainly analyzes the constitutionality of the current police compulsory sampling system from the perspective of Constitutional Control,and finds out that the provisions of Police compulsory sampling that deviate from the spirit of the Constitution should be amended in time.This paper divides the concrete the argumentation into the following five parts:The first part introduces the background of topic,the existing research and the significance of this paper.The second part defines the elements of police compulsory sampling in China for the sake of preventing the police power from deviating the legal track.Based on the current laws and the previous studies on the concept of police compulsory sampling,this part summarizes and abstracts the power trajectory that should be followed when the police compulsory sampling measures must be enforced.In the third part,the related legal norms of police compulsory sampling are sorted out,which establishes the basic work of constitutional review.Since there are many norms involves in the police compulsory sampling field,this part comprehensively divides these legal norms into two categories: "special authorization" of the administrative field,"general authorization" of the criminal field.The fourth part examines the regulations of the police compulsory sampling system concerning the restriction of constitutional rights from the perspective of Constitutional Control.Firstly,in order to make the legal norms of police compulsory sampling consistent with national legal system logically,the value connotation of the Chinese legal system is discussed.It is believed that the protection of people's interests is the purpose and the motive of the State formation and the constitutional rights have a significance concerning the purpose and the motive of state power;Secondly,through the discussion of the normal principals of the protection of constitutional rights,it finds out that the proportionality principle and the legal reservation principle intrinsic in the Constitution of China in the aim of guaranteeing the constitutional rights.Finally,it points out the legal provisions which are not conform to constitutional principles with the "Institutional Review".The fifth part proposes the suggestion of constitutional perfection.In order to make the legal system of police compulsory sampling conform to the Constitution,this part proposes respectively suggestions based on the the protection of the constitutional rights as below: eliminate the ambiguities of the "Procedures for the Administrative Procedures of Public Security Organs",and the Traffic Field should clarify legal authorization as a principal as well as the authorization of compulsory sampling in the Entry-exit Management should be limited by law,the Principle of Final Means should be clearly defined in the field of Drug Control,and moreover,classify the police compulsory sampling measures and organize these measure into a hierarchical threshold.