Research On Criminal Physical Examination

As an important investigative behavior,criminal physical examination plays an important role in finding out case and obtaining criminal evidence.Especially with the development of science and technology,many new methods of criminal physical examination,including biometric technology,have been applied to criminal investigation,which is beneficial to prevent and punish crime.However,it also poses potential threat to the protection of private rights.Many foreign countries and regions have formulated systematic and detailed criminal physical examination system.On the contrary,our system still has lots of legislation deficiencies,which brings about confusion in practice.Meanwhile,once illegal examination infringes on personal rights,our system also lacks effective judicial remedy measures,which can’t adequately protect individual rights.Therefore,this paper tries to improve our criminal personal examination system through research.This paper is divided into three parts: introduction,text and conclusion.The text is composed of four parts.The first part firstly defines the concept of criminal physical examination and clarifies the relationship between similar investigation measures,secondly analyzes research status of criminal physical examination to find out research content of this paper.The second part carries out study of extraterritorial criminal physical examination system,including execution procedures,supervision mechanism,rights protection mechanism and legislative regulation of human body samples and biometric information.Our country can learn the experience from analyzing and comparing different extraterritorial system.The third part investigates the problems existing in criminal physical examination of our country.On the one hand,this paper compares extraterritorial system with our country from which we can find out the theoretical deficiency existing in our system.On the other hand,we can find out the practical problems through investigating practical situation and analyzing practical cases of our criminal physical examination.The fourth part puts forward the improvement suggestion of criminal physical examination system of our country on the basis of analyzing existing problems of our system,combined with the useful experience learning from extraterritorial system.To be specific,it proposes fundamental principles and typed proportional criminal physical examination system conception of our country.Meanwhile,it puts forward to improve our usage,storage and destruction system of human body samples and biometric information,so as to adapt to the development of new era.