Criminal Compulsory Sampling And Rights Protection Of Criminal Suspects

China's compulsory criminal sampling system has few provisions in law,but it is widely used in practice,and play an important role in criminal proceedings.Criminal compulsory sampling is a kind of compulsory investigation measure which highly interferes with the basic rights of criminal suspect,such as body right,privacy right,personal freedom and so on.Criminal compulsory sampling is a compulsory investigative measure which highly interferes with the basic rights of criminal suspects,such as the right of body,privacy and personal freedom and so on.For example,it does not control its procedures,and it's very easy to infringe on the legal rights of the criminal suspects.How to put the criminal compulsory sampling system in the framework of the rule of law,and make it play a full role while protecting the basic rights of criminal suspects,and achieve the balance between the criminal compulsory sampling right and the protection of rights,is the purpose of this paper.This paper introduces the basic theory of criminal compulsory sampling from the viewpoint of academia,concretely analyses the conflict between criminal compulsory sampling and the basic rights of the citizen,and combines the current situation of legislation and judicial practice to analyze the existing problems of criminal compulsory sampling system,and sum up the experience of criminal compulsory sampling from foreign legal states,and puts forward the rationalization path of constructing China's compulsory criminal sampling system from two aspects:establishing principles,constructing the specific system of criminal compulsory sampling.The first part introduces the theory of criminal compulsory sampling.This part introduces the meaning and the nature of criminal compulsory sampling.Firstly,the basic concept of compulsory criminal sampling in China is elaborated from the existing legal provisions,judicial practice and academic point of view,and determining the nature of compulsory criminal sampling by comparing with measures such as personal examin.ation,search and identification.then explore the conflict between criminal compulsory sampling and suspect's rights,and make a concrete analyze on the conflicts between criminal compulsory sampling and suspect's rights of body,personal freedom and privacy.The second part analyses the problems existing in the compulsory criminal sampling system in China.This part mainly starts from the current legislation of compulsory criminal sampling in our country,and analyses the problems existing in the legislation of compulsory criminal sampling system in our country.Then,combined with judicial practice,it analyses the problems existing in the cultural concept,rights relief and other aspects of compulsory criminal sampling.The third part investigate the criminal compulsory sampling system legislation in foreign legal states.In order to help the construction of criminal compulsory sampling system in our country,this paper summarizes the practice of criminal compulsory sampling from four aspects:legislative status,approval procedure,sampling classification and implementation requirements.The fourth part explores the ways to improve the criminal compulsory sampling legislation.This part combine with the experience of criminal compulsory sampling abroad and the reality of legislation and judicial practice of criminal compulsory sampling in China,puts forward the general principles and specific construction of criminal compulsory sampling in China.