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The Study Of Anti-torture In Contemporary China

Posted on:2008-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:H L ZhouFull Text:PDF
GTID:2166360215966020Subject:Marxism and ideological and political education
Abstract/Summary:PDF Full Text Request
Vertical said diversely about the torture definition, In view of the fact that our country already joined the convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In order to strengthen international cooperation in counter-torture, links to our country reality, I advocated that our country may definitely adopt the definition about the torture in the convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and pointed out the torture characteristics based on the this concept. With being on the arouse and rise of human rights, torture has taken off the legal outer clothing, human being has gone ahead the endless road against torture. The international community has signed a series treaty to cruel torture, Regional movement to cruel torture also beginning to be on the rise.In recent years ,anti- torture have got many achievements since the altitude of our government takes seriously , shows concretely for the further perfect legislation in the homeland and participates in an international activity and sums anti-torture treaty .But as far as our country to be concerned, crime of torture is still common. The manifestation is multiplicity. The reasons for torture are summed up in the following points: the dimness of the senses of government by law and human rights ,the deficiency of the mechanism of supervision to powers, the bad influences of Chinese traditional criminal procedure based on the structure of interrogation ,and so on.Ruling by law, founding harmonious society, guaranteeing human rights, we should keep a foothold on achievements what we got in the past ,basis on our country reality and draw the experience of the other country against torture . Our country should adopt the following measures to cruel torture : first, carrying out concept of human rights protecting and the education of concept ruling by law in the entire society; second , enforce the law and judicial supervision to cut down the occurrence chance of torture; Third, strengthen the domestic legislation to control the torture, including the formulation silence power system, the formulation special counter- torture criminal law, the implementation presents evidence the responsibility inversion, the spiritual torture also determined for the torture crime, the formulation illegal evidence removes the rule; Fourth, establishes the counter- torture the prevention mechanism; Fifth, establishes protection mechanism for injured people and so on.In brief, the torture is distortion of the human nature. We should take the comprehensive measures to against the torture ,not only begins with the society ideology, but also carries on the reform from the criminal legislation and the criminal judicature aspect; not only bases on our country condition to take measures, but also draws on the success experience of other country for anti-torture. We deeply believed that if the government takes measures seriously, all the people participates in, the measures are appropriate, we can reduce torture certainly in our country.
Keywords/Search Tags:torture, against torture, achievements, measures
PDF Full Text Request
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