The Jurisprudential Thinking Of The Extorting Confessions By Torture

Extorting confessions by torture, as a social phenomenon in today's society has become a rat running across the street, but if a rational analysis and refinement, but found that the initial looks of extorting confessions by torture is not as simple as the prevention and treatment of extorting confessions by torture, it is not so simple or so complicated. Extorting confessions by torture in the community will certainly have a presence on the cause of its existence, and the extortion of confessions by torture in the ancient society (both Chinese and Western) there is a certain degree of legitimacy,Abstract from the human perspective, the understanding of human nature will affect the attitude of the legal restrictions on the extortion of confessions by torture, the human evil and seek advantages and avoid disadvantages is the main reason for extorting confessions by torture, if excessive emphasis on the good in human nature will extorting confessions by torture have an adverse impact on containment. At the same time, from the specific perspective, extorting confessions by torture in the hands of the exercise of state power was specific, extorting confessions by torture in the exercise of state power was also not totally wanton, it must abide by certain conditions for the existence of extorting confessions by torture is not necessarily law enforcement personnel is the personal qualities, but also is not fully in the Field of the role and context, People in the field materialization of the people at the same time also has its own characteristics; At the same time, extorting confessions by torture is state power and personal power, the outcome of the game, but due to socio-economic and cultural changes, the state power and personal power to the operation of the tools, there is a change in the state power and personal power mutual expansion, operation of the tools to change their changes between the forces of change, Verbal, physical, text, and economic interests, and so their power to support expansion at the same time, the power of this expansion will also figure, the materialization of the people at this time is no longer a "person" features, but countries the operation of the power tool. We recognize that this can be better put forward countermeasures to prevent the extortion of confessions by torture. And in a society with its own humanity, and also possesses properties. Well, that the unilateral power to restrict or improving the quality of the individual may have some one-sided. And must be a system to coordinate the operation of them, to enable them to achieve maximum effectiveness. At the same time, but also because social development of science and technology issues, many of the problems we have today become a problem in the future may not be a problem, but we should not imagine in the future, and efforts should be made to the present, to curb extortion of confessions by torture.