Research On The System Of Criminal Personal Examination From The Perspective Of Human Rights Protection

Criminal physical examination is an important means of investigation in the procedure of investigation.However,since physical examination is conducted directly on the body of a person,it may infringe upon the rights of the person being examined if it is not properly applied.Therefore,strict conditions must be stipulated for its application.The criminal procedure law amended in 2012 included "respecting and protecting human rights" into the new law,demonstrating the importance the state attaches to the protection of human rights.Based on the concept and principle of the rule of law,criminal procedure is not allowed to discover the truth of law in a way without any cost.The concept of human rights protection requires that the means to punish crimes should be legitimate,humane and reasonable.Therefore,the application of physical examination involves the significance and procedural requirements of human rights protection.Under the new situation of "strengthening the implementation and supervision of the constitution,promoting the review of constitutionality,and safeguarding the authority of the constitution" proposed in the report of the 19 th national congress of the communist party of China(CPC),the physical examination of criminal proceedings also contains the nature of constitutional review.Therefore,it is of great value to discuss the criminal personal inspection system from the perspective of human rights protection.The status of criminal suspects and defendants in the proceedings,the allocation and protection of their rights can best demonstrate the degree of judicial civilization of a country or region.The author devotes himself to the exploration and research in this field and expects the criminal personal examination system to be continuously developed and improved.The first chapter illustrates the overview of criminal personal check system,the criminal personal check from the concept,nature,classification and the four aspects to discuss the guarantee of human rights conflict,thus summarizes our country personal checks can be classified as "independent form model",indicates the personal check is a kind of investigation with dual attributes of behavior,and made a detailed classification of personal check.The second chapter discusses the comparative analysis of the personal inspection system,and provides the theoretical basis for the perfection of the personal inspection system in our country.The following enlightenment is obtained: first,there should be neutral judicial organs involved in personal examination;Second,attention should be paid to the punishment of crimes and the protection of human rights;third,take the principle of legal reservation and the principle of proportionality as the starting point;Fourth,the relief mechanism needs to improve the relevant supporting system.The third chapter discusses the practice of the criminal personal inspection system in our country,and makes a comprehensive analysis of the legislation and practice of the criminal personal inspection system in our country.The present situation of personal examinationsystem in China is summarized as follows: the basic principles are not perfect;The relevant legal system is lax;There is no classification of physical examination measures;Lack of neutral judicial review bodies;The object of physical examination is not clear;The protection mechanism of the rights of the inspected person is not perfect.The fourth chapter puts forward the concrete conception according to the present situation of our country's personal inspection system.By referring to the criminal personal inspection system outside the region,this paper puts forward concrete and feasible ideas for the perfection of our country's personal inspection system.