我国刑事人身检查制度的建构

On the Construction of the System of Personal Examination in Criminal Procedure

刑事人身检查作为一种重要的侦查取证手段,容易导致对被检查人的身体不受侵犯权、隐私权等基本权利造成一定程度的侵犯。立法应当将证人列入身体检查的范围;具体规定身体检查的种类和适用条件;赋予被检查人员应有的诉讼权利;完善身体检查的执行规范;建立对违法进行身体检查所取得的证据的排除规则。

The system of personal examination is an important way to obtain evidence. However, it may cause certain violation to the right of physical health and the right of privacy. The legislation should also involve the witness in the personal examination, providing categories and conditions for the personal examination to perfect the procedure. In addition, the person receiving the examination must be provided with the rights to appeal. The rules of discretions should also be established to exclude evidence illegally obtained by the personal examination.