Study On The System Of Criminal Physical Examination

There are some regulations about physical examination in chapters of inquisition and examination of criminal procedure law in our country. What’s more,the criminal procedure law was amended by adding several new regulations in2012. Nevertheless,these simple regulations didn’t give a detailed definition,which has led to a series of problems during practice of criminal procedure law system. These problems obstruct not only prevention of and fight against crimes,but also rights protection of examinees. Judging from that,the author researches the criminal physical examination system intensively,in order to draw out of more valuable opinions thus improve the system as soon as possible.This thesis mainly includes four parts.The first part analyzes and reconstitutes the definition of criminal physical examination, and then analyzes the relationship between criminal physical examination and other related criminal procedure measures,the classification of physical examination,the manifestations of physical examination behavior and the significance of criminal physical examination.The second part reviews the fundamental rights referred in criminal physical examination. This paper analyzes the essential relationship between criminal physical examination and personal rights,private rights,the right against self-incrimination and due process of law for clarifying the keys of developing and perfecting criminal physical examination system.The third part mainly introduces current flaws of criminal physical examination. The conscious,legal and practical reasons will be dug out by analyzing these flaws.The fourth part tries to put forward research findings and suggestions of this thesis,so as to arise some new ideas upon criminal physical examination research and achieve the aim finally.