Extraction Of Confessions By Torture From The Perspective Of Utilitarianism

Extraction of confessions by torture is an uncivilized lawsuit method used to obtain evidences, which is not only the tradition of Chinese lawsuit system, but also exists in the history of lawsuit development of the Euro-American countries. Extraction of confessions by torture violates the human rights, tramples the dignity of the law, and runs counter to the judicial civilization. Therefore, containment the occurrence of extraction of confessions by torture is not just the requirements of the law itself, but the basic requirements of building a socialist country under the rule of law.However, the reasons about the failure to prohibit extraction of confessions by torture repeatedly are that its existence has institutional factors and social factors; besides, the utilitarian factors have an imperceptible influence on it. Consequently, how to exploit institutional factors and social factors of extraction of confessions by torture from the perspective of utilitarian, and discuss the characteristics and the hazardous nature of extraction of confessions by torture under the new situation, undoubtedly, become the concrete countermeasure to recognize and analyze the phenomenon of extraction of confessions by torture comprehensively, and to contain it effectively, in order to avoid the occurrence of it maximally. Therefore, it has great theoretical and practical significance to safeguard the fundamental human rights of defendants of criminal prosecution, and even to establish a socialist country under the rule of criminal law.This thesis, from the perspective the philosophy of utilitarian law, aims to research the phenomenon of extraction of confessions by torture existed in our judicial practice with the methods of comparative analysis, logical induction. There are altogether six chapters in this thesis:The first chapter defines "extraction of confessions by torture" concept, including essential elements of extraction of confessions in accordance with the domestic main theories and other countries' as well as the relevant provisions of international conventions. The author proposes that extraction of confessions by torture refers to judicial officers use corporal punishment, or in disguised form and mental torture to question the defendants confessing the crimes in the process of criminal proceedings.The second chapter focuses on the basic theories of utilitarianism, including the introduction of the relationship between the theories of utilitarianism and the public interest, consequentialism individual rights, with regards to extraction of confessions by tortureBased on the realistic condition of domestic extraction of confessions by torture, the third chapter aims to indicate the characteristics of extraction of confessions by torture with massive material and the data analysis.The fourth chapter analyses the existence reasons of the phenomenon of extraction of confessions by torture in our country from the perspective of utilitarianism. It includes, based on utilitarianism, the influence of criminal policies on extraction of confessions by torture, of utilitarianism in human nature on the phenomenon of extraction of confessions by torture, and of the economic interests drive on extraction of confessions by torture.The fifth chapter makes analysis and explanation on the existence reasons and disadvantages of extraction of confessions by torture from the perspective of the philosophy of utilitarian law, focusing on the disadvantages of extraction of confessions by torture towards individuals and society.The last chapter propounds concrete countermeasures towards curbing extraction of confessions by torture combined with the theories of utilitarianism, such as safeguarding the basic rights of individuals, enhancing the regulations of interrogation to obtain evidences, complying with the principles of utility, upgrading the comprehensive quality of detectives, accelerating innovation and development of detection technologies and reforming the relief mechanism to the victims.