International Criminal Standards Against Torture

Torture is the common enemy of human people, and it is the task of the whole world to attack the torture, other cruel, inhuman or degrading treatment or punishment. With the implement of the legal documents against torture, the international criminal standard against torture came into being, centered by Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. With history, theory, international circumstance and domestic situation as study thought, this dissertation uses comparative study, history study, value analysis and so on to make a deep research of the main points of international criminal standards against torture, and discusses the brilliant achievements and problems in our cause against torture in China. Finally, the dissertation studies how to connect the task against torture with the international criminal standard against torture,and how to embody Chinese feature in practice, and puts forward with the suggestion about the construction of anti-torture system in the future criminal reformation. As a big country in the world, China always sticks to the position against torture. It is the main idea of this dissertation to construct our anti-torture system from our objective facts and condition, also with the reference of the international criminal standards against torture.This doctoral dissertation includes introduction, text, and conclusion.The introduction introduces the study scope, relative study condition and the main purpose of this dissertation.The text includes seven chapters, which are five parts. The first part is the first chapter, about the history of international criminal standards against torture. The author analyzes its development and change, including the history, the establishment, spread and effect.The second part includes the second and third chapters of the dissertation, fully studies the main content of international criminal standards against torture, including the definition of torture, international implement organization, supervisory control. The author does not only introduce the international standards, but also analyzes the practical problems and its possible development tendency.The third part is the forth chapter, the author expounds the theoretical grounds, internal value and substantial requirements.The theoretical basis decides the developing direction. Just with the theoretical basis, all kinds of theories can be combined together and develop into one of the international criminal standards.The fourth part includes the fifth and sixth chapters, which concentrates on the combination of the international criminal standards against torture with the conditions in China, the idea against torture in Chinese laws and the concrete measures. Also, this part analyzes the main problems in the task against torture in China, pointing the right direction of our future criminal reform.The fifth part is the seventh chapter. In this part the author discusses how to carry forward the criminal reform in the view of international criminal standards against torture. We should stick to the national condition, use for reference the successful experience of international criminal standards against torture, strengthen the task against torture and construct the harmonious society in China.The conclusion induces the main points of this dissertation.