A Brief Discussion On The Causes Of Formation And Counter Measures Of Inquisition By Torture

As a poser for our judicial system now , Inquisition by torture has not only infringed upon the personal and democratic rights of the criminal suspect and defendant , but also make the undeserved cases ,mendacious cases and wrong cases . It badly damages the value of the modern criminal law , and it is contrary to the trend of the policy" governing the state by law" .The main investigating approaches in this article are positivism investigation approach and logical analyzing approach . The current situation and the danger of inquisition by torture in the judicial practice of our country have been explained in the article.Because of its historical tradition, policemen's overall qualities and occupational integrity , lacunas in our penal policy and criminal litigation system, idealistic reason and the reasons in the judicial practice , inquisition by torture has been existed in our country for a long time, and it is very difficult to be abolished.I think that , in the modern process of criminal litigation, the way to eradicates inquisition by torture completely is that we must eliminate the negative influence of inquisition by torture from ideology and our system .We must pay attention to these issues:Firstly, we must strengthen the education about inquisition by torture, change the policemen's conception.Secondly, we must reform the criminal litigation system.Thirdly, we must enhance the policemen's comprehensive ability of handling cases, and increase scientific and technological ingredient in the investigation.