DNA Database: Practice, Problems and Solutions
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Abstract
DNA technology has been playing a significant role in judicial identification, since it is applied in criminal proceedings. Since the first DNA database in China was established, rapid progress has been witnessed. Problems coexist with the progress due to the lack of legislation. Compulsory DNA sample collection, DNA tests and storages may cause fears of abuse and the erosion of privacy. The expansion of DNA database is a highly costly business. To solve these problems, the following legal solutions should be paid attention to: first of all, DNA database legal framework all over the countries should be integrated and legislative technique is required in this process. The sample collection process should be stipulated under the personal examination system in criminal procedure. Secondly, the range of information should take the nature of the case, the harmfulness of the crime and the favor of the criminal reformation into account. Thirdly, the application of DNA database, the destruction dead line and the sanction to the abuse of authority should be stipulated to protect privacy. Finally, quality control and supervising were necessary so as to guarantee a sound development of DNA database.
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