Research On The System Of Criminal Coercive Sampling In China

Criminal coercive sampling is a kind of coercive measure which is used to the investigation and plays a critical in detecting criminal cases.In particular,with the rapid growth of society and technologies,the demand for entity comparison as well as science and technologies become more and more urgent for seeking evidences to detect criminal cases.Because the criminal coercive sampling is featured by locking criminal suspects quickly,narrowing the case detection period and so forth,the investigation organs collect the blood,fingerprint and hair from criminal suspects and defendants more frequently.However,due to lacking the efficient laws,regulations and implementation bylaws,some investigation organs would infringe the basic rights of the samplers.The more frequent criminal coercive sampling is used,the easier samplers' rights are infringed.As a result,the judiciary authorities are easier to lose their credibility so as to intensify the contradiction between the national public power and fundamental rights of citizens.How to prevent investigation organs abusing the investigation during the coercive sampling process,to guarantee the collection adhering to the laws and regulations strictly,to realize the unification of procedural justice and entity notarization as well as to safeguard the combination of fundamental rights of citizens and detecting case realities quickly are the research purposes of this paper.Hence,through pressing ahead the analysis in the basic theories of the criminal coercive sampling,the paper also conducts the investigation on the criminal coercive sampling mechanism of other countries,introduces the regulations and profitable experience of criminal coercive sampling in modern legal state and analyzes the problems of Chinese criminal coercive sampling system as it works to perfect Chinese criminal coercive sampling system.Apart from the Conclusion part,this paper is mainly divided into four parts:For the first part,it overviews the basic theories of criminal coercive sampling,narrates the related concept of criminal coercive sampling mechanism,conducts the contrast and distinguish between criminal coercive sampling with other related concepts as well as makes the classification on criminal sampling so as to provide the concept support for improving the mechanism design.In the second section,it introduces the criminal coercive sampling mechanisms of other countries.In this part,it mainly studies the criminal coercive sampling mechanism of civil law system and Anglo-American law system representative countries.From this perspective,this paper respectively selects the Japan,German,USA and Britain as the representatives to make comparison as well as concludes their common principles and excellent experiences as it works to provide the reference for China to establish the scientific and perfect criminal coercive sampling mechanism.For the third part,the paper analyzes the state quo and reasons of Chinese criminal coercive sampling mechanism.It mainly introduces the legislation current situation of Chinese criminal coercive sampling mechanism and the judicial actuality of practice activities for investigation practice as well as explore its problems and factors.In the final part,the paper explores how to improve Chinese criminal coercive sampling mechanism.Being guided by the fundamental principles and referring the legislation design of foreign legal states,Chinese criminal coercive sampling mechanism could be improved from the perspective of application condition,implementation subject,object scope,examination and approval procedure,collection procedure and sampler remedy procedure.