Research On Criminal Physical Examination

With the vigorous development of the human rights movement,various countries and regions around the world have gradually abolished body punishment in legislation,and have begun to strengthen protection and maintenance of citizens' physical rights in criminal cases.In this context,criminal physical examination is very different because it is a legal investigation method that is rarely found in the modern legal society and may cause physical damage to the inspected.As an investigative tool of great value for discovering and prosecuting crimes,because of its special nature,criminal physical examination inevitably infringes on rights of private privacy,life and health in the implementation process,which makes the countries formulate and regulate the criminal physical examination system.At the same time,we continuously weighed the pros and cons in prosecuting crimes and safeguarding human rights.The richness of examination methods in the judicial practice brought about by the advancement of science and technology is also constantly advancing countries and regions with the times,and constantly improving the system of criminal physical examination.In the process of gradually advancing the rule of law and safeguarding the human rights of the prosecuted person,our country's criminal physical examination system still has its flaws and deficiencies in legislation,and the lack of legislation has brought about confusion in practice.Therefore,as for me,improving our country's system of criminal physical examination has become an important item in advancing the legalization agenda of criminal procedure.First of all,the article introduces the basic connotation of criminal physical examination,sorts out the concept of criminal physical examination,and analyzes the difference between criminal physical examination measures and other investigation measures,and defines the nature of criminal physical examination.Afterwards,it expounds the types of criminal physical examination,and combes some of its basic theoretical principles,which laid the foundation for the content of the subsequent article.Secondly,for the sake of perfect the system of criminal physical examination in our country,we need to analyze the theoretical and practical problems of the system so that we may able to find ways to improve it.In order to lay a foundation for the investigation and reference of related systems in other countries and regions,the article then discusses the theoretical difficulties of conflict between criminal physical examination and protection of human rights,as well as incidental authorization of criminal physical examination.It also explains some existing cases of practical implementation in judicial practice,such as authorization and implementation.Moreover,for improving the criminal physical examination system in China,the article intends to introduce the criminal physical examination systems under three different modes.One is the search model represented by the United States,the second is the independent form model represented by Germany,and the final is the accessory model represented by Japan.Through Analyzing and comparing the starting conditions,execution procedures,rights and remedies,we may draw inspiration from summarizing the similarities and differences in the criminal examination system under three different modes.Last but not least,in view of the problems existing in the current criminal physical examination system in China,combined with the extraterritorial physical examination system above,we demonstrate and improve the resistance factors of the criminal physical examination system in China.Afterwards we may propose the prerequisites for improving the criminal physical examination system.