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现阶段,强制采样越来越多地应用于刑事侦查之中。强制采样是刑事侦查的重要手段,但同时应当看到,在强制采样过程中容易对公民的人格尊严、身体健康权、隐私权等基本人权造成侵害。如过分看重其在追诉犯罪中的积极作用而放任侦查机关任意行使强制采样权,无疑会给公民基本人权带来巨大威胁。为此,应当将比例原则确立为强制采样制度的一项基本原则,这既有利于立法者在设计和完善强制采样制度时遵循比例原则的要求,也有利于司法实践中法定机关在适用强制采样措施时选择适当的种类,选择对公民基本权利损害最小的方式进行采样,即使遇到法律漏洞,也可依比例原则来解决实际问题。
At this stage, compulsory sampling is increasingly used in criminal investigations. Mandatory sampling is an important means of criminal investigation. At the same time, it should be noted that it is easy to infringe on the basic human rights of citizens, such as the dignity of their human beings, the right to physical health and the right to privacy during the compulsory sampling. Too much emphasis on their positive role in prosecuting offenses and letting arbitration organs arbitrarily exercise their right to compulsory sampling will undoubtedly bring about a tremendous threat to the basic human rights of citizens. For this reason, the principle of proportionality should be established as a basic principle of compulsory sampling system. This not only helps legislators to follow the principle of proportionality in designing and perfecting compulsory sampling system, but also helps the statutory organs in judicial practice to apply compulsory sampling Choosing the right type of measures and choosing to do the least damage to the basic human rights of the citizens is sampling, even in the face of legal loopholes, to solve practical problems on a pro-rata basis.