Case Analysis Of Extorting Confessions By Torture By ZhaoShou

Extorting confessions by torture is one kind of common crime which happens in the process of judicial action all over the world, in the history and at present, it is more serious in china than in any other country and remains incessant after repeated prohibition by the government. Torture practices brutally and goes against humanity. It is antipathetic to the view of modern legal ideology. And now it is strictly prohibited through legislation by all governments all over the world. A series of human rights conventions such as the UN convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are signed by the international community with the aim to guaranteeing the basic human rights of suspects. This kind of cruel, inhuman behavior goes against justice. In recent years, cases of extorting confessions by torture frequently appear in newspapers around our country. Abnormal deaths of suspects when being interrogated have aroused a lot of attention of the media and the people. In our civilized society, the cruel torture towards the suspects is still ongoing. This must be the failure of that civilization. The case of sudden death of XuGenrong, a senior high school student of Danfong county in Shanxi province when being interrogated, is more representative for its seriousness. It is necessary to analyze this case caused by torture for extorting confessions which is done by policemen ZhaoShou and his colleagues belong to Danfong county public security department, in order to draw lessons from this case, so we can summarize experience in this aspect from ourselves and other people and take preventive measures.This paper will use four chapters for analysis of the case. In chapter one, the paper will firstly introduce the facts of the case, then go on to analyze the judgment of the court, finally get the result that through investigation and cross-examination led by the court the judgment is correct. In chapter two, the facts of this case and appliance of positive law about the crime of extorting confessions by torture, its basic legal characteristics as well as juridical logic under clauses will be analyzed in details, which include the objective aspects, the subjective aspects, and the sentencing aspects. In chapter three, offence transformation, joint offence, and concurrent crime related to that kind of crime will be studied. In chapter four domestic problems such as institutional defects will be reflected again; Simultaneously the system for prevention of extorting confessions by torture which being used in some western country, and the advice of perfection of our legislation subsequently will be introduced and explained. It is requested that judicial personnel should strengthen the awareness theoretically and practically. Not only should we clearly understand the essence of exerting confession through torture, but also we should be aware of the judicial duties and ultimate goal through the whole practical operation process. At the same time, governments need to design the perfect supervision system so as to achieve long-term mechanism. I hope, with the aim to improve the level of rule of law in our country, this paper could enlighten us the way of solving the problem of extorting confessions by torture which is existed around the country.