比例原则在强制采样中的适用诉讼法学专业论文.docx

1 1 2 2 Abstract With the vigorous development of science and technology, more and more advanced technology gradually used for criminal investigations, mandatory sampling is one of them. Admittedly, compulsory sampling, especially DNA identification techniques for investigative organs in a timely manner to solve the case a lot of convenience, but can not be avoided, mandatory sampling will cause varying degrees of personal dignity of citizens, the right to good health, privacy and other fundamental rights infringement. If the over-emphasis on its positive role in the prosecution of crime and laissez-faire the investigative organs arbitrary exercise the right of compulsory sampling, and no doubt will give the basic rights of citizens poses a great threat. To achieve the twin goals of the fight against crime and the protection of human rights, it is necessary to force the sampling right to be strictly limited investigative organs, in order to achieve the respect and protection of the fundamental rights of citizens. Will restrict the exercise of public power as the core principle of proportionality introduced mandatory sampling system can effectively reconcile the fight against crime and the protection of the natural contradictions between human rights, both organic balance. In addition to the introduction, the paper is constituted by four parts, 30,000words: The first part of a detailed analysis of the importance of the principle of proportionality applies to compulsory sampling. By defining the concept of mandatory sampling and analysis of the nature of the compulsory sampling, and divided the compulsory sampling type, in order to establish a basic understanding of the system of mandatory sampling; mandatory sampling legal value analysis helps to understand the investigative practice mandatory sampling exist significance. Despite the mandatory sampling in terms of significant investigative organs, but against its citizens basic human rights can not be overlooked. Onl