| Summary: | 碩士 === 國立臺北大學 === 法學系 === 92 === The motivation , range and methods of my study will be introduced briefly in Chapter 1. In the second chapter, I describe the meaning of “body examination” and “body intrusion” first, and make the focus of this study on “body intrusion.” Then, I discuss the relation between body intrusion and the fundamental rights of people in the same chapter. On the fundamental rights matter, I define the meaning of these rights and there scope, and introduce the constitution laws and law views about these fundamental rights in American and Japan, and those in our country , and then examine the relation between the fundamental rights and body intrusion. The rules of criminal procedure law and the operation in the criminal procedure would be introduced and discussed in the third chapter . Also the rules and law comments in Japan and the assertion of the U.S. Supreme Court will be mentioned in the same chapter. In this chapter, we can understand the shortcoming of body intrusion in our criminal procedure law and the lawsuit operation. On the basis of these discussions above, I try to redefine the character of body intrusion in Chapter 4. Also, I examine the criminal procedure law and other special rules about body intrusion at the same time. And next, I try to offer my recommendation of the lawmaking or the guidance of law modification. Finally, I try to draw up some amendments on the basis of the redefinition of body intrusion in order to be the reference of the lawmaking task in the future.
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