The Discussion About Prohibiting Torture

How to prohibit torture has been defined in many international conventions such as The UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (abbreviated as Convention against Torture in the dissertation) and other regional conventions. The existence of cruel torture brings damages to law course nowdays and human-rights protecting, It has become a focus of the international world. In china for the moment, cruel torture exists widely in which exacting confession by torture is principle manifestation. Low-grade torture and torture in disguised form widespread, some torture which lead to the defenders in criminal offence grievous bodily injury or even dead are occasionally happen. But in the reality,the attitude of society and academic community to torture is not yet enough, they incline to think that cruel torture is "cruel punishment" which is only a kind of special phenomena in punishment. People don't believe cruel torture exists in our country nowdays. In order to root up realizationin and effet social attention,the dissertation,through a angle of law construction and human-rights protection, using the research approaches of contrastive analysis and logical induction, makes a deep research into the main legal problems injustice practice. On the basis of analyzing the root of cruel torture, writer puts forward effective measures to the prohibition of torture in the hope of supporting some help to the prohibition of torture.The first step to answer questions is to realize questions enough. Just based on such considerations, the dissertation defines the conception of cruel torture and analyzes the important behavioural document of cruel torture combining with "Convention against Torture" mostly and other conventions also. Cruel torture should be operated by public officer and other person with authority status who makes others pain bodily or mentally purposely. The objection of torture includes not only suspicious person in criminal offence, defenders and person losing freedom but also anybody, this is correspondent to the subjective purpose"any purpose based on any discriminatory reasons" in the convention. Then writer analyze the actually states of torture and indicate the new feature in torture development through materials and data. Then, writer makes deep thought in the origins of torture including ideal traditions, matching system, quality of lawman, reality status and social mentality. Then the further step is how to prohibit torture and protect human-rights, we should increase the promotional force of prohibition of torture and educate the lawman to built law-cultural atmosphere in society. We should also endure citizens "the right of keeping silent", construct "the exclusionary rule for illegally obtain evidence" which should suit the situation of our country and the demands to prohibit torture, and the system of "plea bargaining". Furthermore, we should also prescribe cruel torture crime definitely in criminal law, perfect the mechanism for pursuing torture case and relieving the torture casualties.Along with the deep development of reforms in criminal jurisdiction areas, new criminal action logos and righteous principle in procedure advances higher demands to the assurance of human rights. The prohibition of torture should be noticed adequately because it is very important to the protection of human-rights, the justice in procedure and also restraining the transgressive detection.