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Comparison Of Criminal Personal Check System

Posted on:2013-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:L NiuFull Text:PDF
GTID:2246330395452874Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As an important investigative methods, criminal physical examination plays an important role in collecting criminal proof and finding out case; especially with the development of technology, more science and technology means are used to collecting fingerprint, blood and DNA, which are important to discover the truth. Therefore, criminal physical examination is more and more used in practice by investigation organ. Because of direct implement to body with criminal physical examination, the basic rights of people who are checked are usually infringed to some extent. Therefore, to be standard for criminal physical examination is indispensable. However, there are many insufficiencies in regulations in our criminal physical examination. Oppositely, regulations in criminal physical examination are more detailed and self-characteristic in the two foreign legal systems referred below. Herein, typical national regulations in criminal physical examination of two law systems are researched by a view from comparative law, and then, ideas are advanced to perfect regulations in criminal physical examination for our country.In this paper, lawmaking experiences and manipulation in practice of regulations in criminal physical examination are summarized by the means of comparison analysis, which can be used to find out the insufficiencies in regulations in our country. Therefore, the key parts of this paper are the two anterior chapters, in which, typical country regulations in criminal physical examination are introduced and analyzed. This paper is composed by three parts:forewords, texts and concluding remarks. The text is composed by four parts.In the first part, regulations in criminal physical examination of USA and UK, which are representational of two main common law systems, are introduced. Because criminal physical examination in USA is regulated as peculiar form in search and seizure, regulations in criminal physical examination of USA are introduced from the related regulations in search and seizure. The USA is a typical country carry out case law, so regulations are explained by peculiar cases. Although the regulations of USA and UK belong to the same law system, the regulations in criminal physical examination in UK are mainly regulated by statute law. Therefore, related laws are introduced, and developing trend in criminal physical examination of UK is expatiated.In the second part, regulations in criminal physical examination of German and Japanese, which are representational of continental law systems, are introduced. Although belonging to the same law system, lawmaking mode, law classifying, implement procedure are different in both country. All are introduced respectively in this paper. Moreover, disputes of theorists are introduced in this paper.In the third part, conclusions are made by comparison analysis, according to the introduction to the regulations in criminal physical examination in typical countries of two main law system. The same characteristics and regulations are summarized to find out the insufficiencies in regulations in criminal physical examination for our country, and apocalypses are summarized.In the fourth part, the plan is done to perfect the regulations in criminal physical examination for our country. In the first part, lawmaking mode to regulations in criminal physical examination is chose. And then, advices are advanced to perfect the regulations in criminal physical examination, including types of criminal physical examination, start-up condition, checkup mechanism, implementation procedure, rig hts insurance redress mechanism and so on.
Keywords/Search Tags:Criminal physical examination, Comparative study, Protection of theRights
PDF Full Text Request
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