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On Extorting A Confesion By Torture

Posted on:2006-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiFull Text:PDF
GTID:2166360182972652Subject:Law
Abstract/Summary:PDF Full Text Request
Extorting confessions by torture has been in existence as a social phenomenon in the criminal administration of justice in all times and in all countries. It's been a horrible ailment to bother criminal justice system. Torture, not only a violation of the right of the suspect or accused, it tends to severely derogates from the concept of efficiency and justness called for in criminal proceedings. Meanwhile it also shakes the citizen's confidence on the fairness and justice of the state law. It also goes against the state policy to rule the state by law, causing immeasurable harm and hidden negative influence. To minimize or put an end to extorting a confession by torture in our judicial practice, beginning from the study of the causes of the extorting a confession by torture, for establishinga better system regarding criminal proceedings, this paper conceivs of a number of substantial solutions to the problem of extorting a confession by torture. Furthermore, this paper aims to find an effective way to curb the problem so that the impartiality of the judicial system of a law-ruled 1 society can be ensured in a civilized manner. The paper divides into 4 parts:Chapter 1: General Description of Extorting a Confession by TortureSection 1: Concept of Extorting a Confession by Torture.Section 2: History of Extorting a Confession by Torture.Chapter 2: Nature and Harm of Extorting a Confession by TortureSection 1: Nature of Extorting a Confession by Torture.Section 2: Harm of Extorting a Confession by Torture.Chapter 3: Cause of Extorting a Confession by TortureSection 1: Negative Influence from the Traditional Culture.Section 2: Biased Conception of Value.Section 3: Defects in the Regulations of the Legal SystemSection 4: Current Situation in Judicial Practice.Chapter 4: Control of Extorting a Confession by TortureSection 1: Eradicating the Cultural Root.Section 2: Perfecting the Relevant Legal System.Section 3: More Input into Judicial Resources.
Keywords/Search Tags:extorting confessions by torture, rule the country by law, eradication of illegally obtained evidence, right to keep silent, right to investigate and inquire, leniency to those who confess, inversion of the right to provide evidence
PDF Full Text Request
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