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The Reason Of Extorting A Confession By Torture And The Measures Of Containment

Posted on:2011-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:L K GuoFull Text:PDF
GTID:2166330332971752Subject:Law
Abstract/Summary:PDF Full Text Request
Continuous improvement in history, but the law on torture "problem" not with the progress of civilization, but in some countries fiercer, caused the social attention, investigate its reason, scholars have proposed many times. Based on various methods and theory of the unification of principles, a comprehensive analysis of the torture historical reasons and reality, and the harm done. And in the process, and summarize some solving this problem of the method and strategy, in order to solve the problems and provide useful advice.This article mainly divided into five parts: first is the literature review summarizes the recent ten years, the parties to this problem of scholars research direction and research achievements, seek new research. The second part is to define the meaning of criminal coerced confessions, the characteristics of criminal, historical origin and current situation of criminal cases in China, and the future development trend of a general overview. The third part is based on some typical cases, focuses on the analysis of the criminal suspect and torture of investigators 'questions (torture, the investigators) to legal system and the whole society, even for China in international communication process status hazards. This is the fourth part, is the key sections through various methods of literature review and torture of historical reason (from the feudal "concept-government, feudal" no "feudal" level "thoughts, ideas, the traditional Confucian culture) and realistic reason (patent case from the judge, the investigators, the criminal suspect and social background, national power operation reason. The fifth part is combined with the analysis of the causes of torture and corresponding measures, and put forward corresponding solutions: for example, change the time and location, trial, improve the comprehensive quality of law-enforcing personnel, improve the legal system, all kinds of upholding and developing some legislative principles and improve social awareness, through these measures to improve the ideology of the law enforcement personnel and establishing good social supervision system, reduce or inhibit the phenomenon, promote social civilization degree, promote social society under the rule of law, in the form of harmonious promote the whole society to a more harmonious development.
Keywords/Search Tags:torture, cause, harm, countermeasures
PDF Full Text Request
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