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The Research Of Extorting A Confession By Torture And The Measures Of Prevention In China

Posted on:2008-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q LiuFull Text:PDF
GTID:2166360215457444Subject:Law
Abstract/Summary:PDF Full Text Request
Extorting a confession by torture is a kind of common judicial phenomenon in china and foreign judicial campaign. Because of the influence of the factors of history and society, it is not easy to be banned in judicial practices. This paper contains three aspects of extorting a confession by torture in china: general state, causes, the measures of prevention and cure, specific content is as follows:First part is the introduction of extorting a confession by torture in china. It analyzes extorting a confession by torture from three aspects: brief historical textual criticism, current stage and characteristics, harm. The paper gives a detail of extorting a confession by torture's harm: violation of procedural justice, and inconsistent with modern lawsuit concept; Offences against human rights, endanger entity justice. Intrude the human rights of criminal suspect and defendant, may bring psychological wound, have aggravated social contradiction; at the same time also do harm to public or personal advantage.In the second part, the author probes into causes of extorting a confession by torture in china. There are social sources and system sources. Chinese traditional crime-control theory effects the large people believe that it is the first value, make up the deep social sources of torture. Since the idea decides the attitude, there is short of protection of the suspects and offender's human rights. In judicial campaign, the confession is supreme and the conditions of china have facilitated to occur the external condition of extorting a confession by torture; the factors such as cultural quality, ideological concept and working way have formed to occur the subjective factor of extorting a confession by torture; The shortcoming on legal statutes, the " three difficulties " in dealing with extorting a confession by torture, it is disadvantage in restraining extorting a confession by torture.The 3th part, the paper grasps the word of extorting a confession by torture with torture and confession two keywords. Put forward a series of guard against measures of extorting a confession by torture in china from interrogating system and evidence system: one is the aspect of interrogating system, establish lawyer witness system of our country, bring to trial system in detention house, concentrate to so as restrain inquisition by torture to extort a confession, entitle criminal suspects the limit silent right, reference theoretical of human rights protect, concern about criminal suspect humanity. Two is the aspect of evidence system : illegal speech evidence is removed absolutely, remove illegal tangible evidence under certain condition, found illegal evidence to remove regular lawsuit program , put to the rule of proof responsibility place upside down in extorting a confession by torture. Three, the author suggest increasing the punishment intensity of extorting a confession by torture. It will contain and crack down extorting a confession by torture.
Keywords/Search Tags:extorting a confession by torture, harmfulness, the analyses of the causes, the measures of prevention and cure
PDF Full Text Request
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