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Issues On Containment Of Torture

Posted on:2012-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y L XuFull Text:PDF
GTID:2166330332497815Subject:Law
Abstract/Summary:PDF Full Text Request
Torture developed thousands years, every country in this world today progresses its civilization, and contains torture. This institution influences the human society far-reaching. Torture has been a core institution in Chinese ancient criminal system, because it decided the judgment, and it arouse the highly emphases by authorities. Legislators always support torture as well as make it a regulation. It is known to all, torture is like any other institution, is a double-edged sword. It cannot be denied that, torture has ever takes advantage effect on sentencing, but in fact, torture is another crime, and it threaten seriously on body safety of people related and accuracy of judgment.Based on the above consideration, this article research on current situation of torture, learn the whole features through the ages, and then analyze the psychology, objective forms and philosophy basement of this crime. Besides, the actors of torture is executors of laws, this special behavior is different with other crimes. It is a major issue hoped to deal with in current judiciary and theorists, and this is the focus of the article.We cannot comprehend the situation of containment of torture just by analyze the basic theory, the author focus analyze torture in Chinese ancient times in chapter 2. China is a country developed on torture; the controlling system is powerful, effective and regulates torture straightly. The article introduces torture with a case of song destiny in Chinese ancient times, expects to find relative legislative experience, for reference of current legislation of China. This chapter contains the conditions, instrument of torture, and the situation of enforcement and criminal responsibility. Song destiny regulates detailed in this aspect, the author choose this destiny for an example to emphases its representative.About circumstances of current torture in China, the author narrates in chapter 3. The author believes that, torture still existents during current attorney and public security in our country. Contain torture effectively, we must considerate the current situation of torture when formulating strategies, and the legislation of torture, from every aspects, working coordinately, construct a better controlling system on trial. It is including the controlling skills, perfect management and completes legislation, and also strengthens the education on moral and legal of attorney. This chapter focuses research on situation of torture in public security and justice area in our country, and practical contain of legislation, hopes to propose the corresponding strategy.The forming reason and strategy on contain torture is complex. The author proposes in chapter 4 that torture develops with crime, and this issue is a challenge for every researcher. The author tries to discuss on the reasons, but sparse shallow knowledge, it must have improper. We are looking forward to the advice of professors. I hope this article could effect on the research on containment of tortures in criminal world. If I can achieve this, I will be pleased.
Keywords/Search Tags:Torture, Contain, Punishment
PDF Full Text Request
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