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The Pertaining to Crime Person’s Physical Examination System Study

Author: LiBo
Tutor: ChenYuZhong
School: Hebei University
Course: Procedural Law
Keywords: Criminal physical inspection Mandatory punishment Basic constitutional rights The principle of proportionality Principle of legal reservation Harmful to health principles
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 35
Quote: 0
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Abstract


With the rapid development of Criminal Science and Technology , body fluids , blood and other human samples in crime control , found that the entities in the real is becoming more and more important , therefore , given the specification of special state organs, body fluids , blood and other human samples acquisition rights is crucial . However , the special state organs in human body fluids , blood and other human samples collection process , with the basic constitutional rights of citizens of the right to personal liberty , the right to physical privacy there is a certain tension and conflict relations . Is necessary for China to learn from some Western countries the personal inspection system of legislative experience , such as in the implementation of human inspection to follow the principle of proportionality , the principle of judicial review , especially in the physical inspection process , should pay attention to check the basic constitutional rights protection can not be questioned , but the problem lies in how to protect ? especially how to balance and to avoid infringement of citizens' basic constitutional right behavior and contradictions in the basic constitutional right to the criminal physical inspection process , which is the crux of the reality which lies , but also the focus of this study and discussion . Basic constitutional rights to explore the scope and type of criminal physical inspection rights to interfere with the fundamental rights of the Constitution , the principles and applications, as well as the basis of the intervention . Constitutional law , investigative science, science of evidence , criminal law and other cross-disciplinary multi - dimensional perspective to study and explore the subject of criminal personal inspection system , and trying to develop and construct the new path of the Criminal personal inspection system , although there is no provision in the text a special chapter on foreign criminal personal inspection system for detailed and comprehensive introduction , but in fact I use comparison , foreign criminal personal inspection system blend into the full-text , presumably , the reader should be able to more convenient , system to understand the purpose of the paper and the connotation of the system , and the ability to step-by-step to induce the reader to think .

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