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刑事身体检查是刑事诉讼中一种重要的调查手段,依分类标准不同,分为非侵入性身体检查和侵入性身体检查,隐私检查与非隐私检查等种类。在实践中身体检查与人权保障不可避免地存有冲突。目前,我国对刑事身体检查制度的理论研究较为贫乏,关于刑事身体检查制度的立法也极不健全。因此应对我国现行的刑事检查制度进行合理的构建。
Criminal physical examination is an important investigative method in criminal procedure. According to the classification criteria, it is classified into non-invasive physical examination and invasive physical examination, privacy examination and non-privacy examination. In practice, there is an inevitable conflict between physical examination and protection of human rights. At present, the theoretical research on the system of criminal body examination in our country is relatively poor, and the legislation on the system of criminal body examination is also very imperfect. Therefore, the current criminal inspection system in our country should be properly constructed.