人身检查概念之检讨

人身检查是我国现行《刑事诉讼法》规定的强制性侦查行为,在刑事侦查实践中使用频率很高。学术界基于现行法规定的内容对人身检查的概念进行了许多界定,但是基本停留在对法规字面涵义的解说,因此值得检讨。基于对人身检查的目的、主体、对象、范围和法律地位的理论分析,可以看出,人身检查是指侦查机关为了收集、保全犯罪行为遗留的痕迹和其他证据,对犯罪嫌疑人、被害人、证人之身体的物理性质、状态及特征进行观察、采样、检验的一种强制措施。

A Review of the Concept of Personal Examination

Personal examination is a coercive investigative measurement regulated by Criminal Procedure Law of China and widely used in the practice of investigating proceedings. There are many academic achievements on the concept of personal examination according to the provision, but they are not satisfied because of a simple interpretation. Thus, it should be reviewed. Based on a theoretical analysis of the purpose, subject, object, scope and legal status, we suggest that so-called personal examination is coercive measurement carried by investigative organs, whose purpose is collection and preservation of the impressions as well as other evidences, and the officials will observer, examine the body of the suspect, victim and witness in order to realize its physical nature, condition and character.