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Reflections On Right To Silence Aroused By Torturing Inquisition

Posted on:2008-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:C C GuoFull Text:PDF
GTID:2166360215957359Subject:Law
Abstract/Summary:PDF Full Text Request
Since modern times, development of criminal procedure has had a worldwide tendency of being civilized, democratized and scientized. However, an ancient and cruel procedural method—to achieve the inquisition by torture is inevitably practiced against a law-ruled background. Although many governments have already abolished this brutal method, it does exist secretly or in disguised forms. To work out and to improve the strategies against the inquisition by torture has become a key subject in international Criminal Law researches. Though have different contents, there formation of the criminal procedure among various countries over the world indicates the general trend of pursuing the integration of penalizing crime and protecting human rights, as well as the integration of justice and efficiency. This choice is based on the proceeding practice in the long term. It reflects the common rule of criminal proceedings, which deserves more reference in the course of modifying and perfecting the criminal procedure of our country.This paper tries to find ways to prevent inquisition by torture through analyzing its reasons and harmfulness. The paper also presents the solution to this problem, that is, to protect the criminals' right to keep silent. It analyses the relationship between inquisition by torture and the right to silence as well as related policies in China by starting with basic content and historical evolution of the right to keep silent. It finally concludes that the right to silence has a great effect on preventing torturing inquisition by improving that the right has its space on basis of its objective foundation and good acknowledgement.The paper includes three chapters. The first chapter emphasizes the harmfulness of inquisition by torture with the aid of some cases and analyses the existing countermeasure's deficiencies, and points out we should prevent torturing inquisition by using the right to silence. The second chapter studies the historical development of the right to silence which underwent four periods: formation period, development period and limitation period. Writes about its content and analyses the differences between this right and other interrelated conceptions. The third chapter emphatically discusses the connections between inquisition by torture and the right to silence. It analyses the viewpoint that negates the possibility about the right to silence can restrict inquisition by torture. And investigates the theoretical framework and value that are embodied in the system of the right to silence, and proposes the author's own idea especially in terms of the right to silence as providing a guarantee to the criminal suspects. The right to silence has the value of restricting inquisition by torture. The paper makes a concrete analysis of the effect on using the right to silence to restricting inquisition by torture in the investigation interrogate phase. At last, it expounds that the right has its space on basis of its objective foundation, which by way of discussing the impersonality basis and people's acknowledgement.
Keywords/Search Tags:Inquisition by torture, The right to silence, Investigation interrogate
PDF Full Text Request
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