Legal Study On Preventing Confession By Torture

Confession by torture , is an extraordinary sign of Juridical incivilization. Confession by torture is regarded as an abominable inquest way used by some legal personnel to get confession from criminal suspect or accused. It is often in the form of corporal punishment or other covert forms. Though it has been unambiguous defined as an illegal conduct in our criminal law, confession by torture still exists in actual justice practice. As a severe justice problem, it has been arousing more and more attention in law. On the one hand, confession by torture is not only the efficient amse to many miscarriage of justice cases, but also damages the image of relative police and legal machinery. The existence of confession by torture is a total deviation to the human rights and the spirit of our criminal law. Being brutal and fatuous, it should be abandoned from our modern legal system. Therefore, how to prevent the behavior confession by torture has a significant meaning to our judicatory practice.The article will be divided into four parts.In the first part, the author defined the conception of confession by torture. Beginning with the history and status quo of confession by torture phenomenon, this part focused on the reason of the repeatedly-occurred phenomenon and explored its harm.In the second part, the author studied the methods, systems and polices being adopted in western country in the aim of preventing confession by torture. Then it arrived a conclusion of those preventing methods.In the third part, by analyzing two typical cases happened both home and abroad, the author compared the difference of the rules of hearing under the Continental Law and Anglo-American Law. The article arrived at an idea that the limitation of our existing criminal tribunal of hearing process has an inevitable connection with confession by torture. At the same time, the part compared and analyzed the relative rules and policies of foreign.As the key part of the article, it mainly discussed the countermeasure of confession by torture in law. It brought forth some law advises to prevent and cure confession by torture from the point of substantive law and procedural law.