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Proper proceedings in the Perspective of criminal compulsory sampling

Author: NiRun
Tutor: BianJianLin
School: China University of Political Science
Course: Procedural Law
Keywords: Imposition of criminal compulsory sampling Due process of law Fundamental rights Legal function
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 93
Quote: 3
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Abstract


Criminal compulsory sampling, sampling for the collection of evidence by criminal force to extract a special investigative behavior of the human body samples . Major countries and regions in the world , the imposition of criminal compulsory sampling the value of involving trade-offs, the principle of legality with the type of feature . Criminal compulsory sampling , due to the exercise of state power , is likely to endanger civil liberty , physical integrity and health , sometimes infringing upon citizens' privacy . The physical sense of the due process of law and procedures on due process of law for the compulsory criminal sampling delineated the boundaries of the exercise of powers in the Criminal Justice Standards . Investigated two legal systems , the principle of legality , such as legal retention policies , the principle of proportionality and the principle of judicial review , played an important role in the protection of due process of law and promote the fundamental rights of citizens . Learn to absorb the world of criminal forced to sample the experience , learn its lessons , and improve the compulsory sampling of China 's criminal proceedings , is an important proposition in the field of Criminal Justice . To due process of law perspective, compare the world's major countries and regions, compulsory criminal sampling the value base of the system , system characteristics , the status of implementation , combined with the empirical issue in the legislative and judicial practice , to provide a solution to improve the criminal compulsory sampling system . In our transforming society , the imposition of criminal compulsory sampling involves the violent conflict between the punishment of crime and protection of human rights . Revision of the Criminal Procedure Law , China should actively legislative , criminal physical inspection system specific and clear criminal compulsory sampling . The law may provide for the identification of crime-related facts , the investigating authorities may be forced to sample from the suspect in vivo or in vitro . Because of its mandatory and relating to civil rights, needs a special legal regulation , especially the regulation of the due process of law . For the realization of their legal function , China should also improve the supporting system .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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