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The Cause And Prevention Of Inquisition By Torture And Confession By Extort

Posted on:2008-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:M HuFull Text:PDF
GTID:2166360245990390Subject:Law
Abstract/Summary:PDF Full Text Request
Fairness and justice are the ultimate goal of human being. The judicial justice is relayed on the fairness of the judicial personnel nowadays. The dark side of human nature such as prejudice and arbitrariness are easily leading to the abuse of power. The most predominant symptom of power abuse by judicatory personal is inquisition by torture and confession by extort. The inquisition torturing and confession extorting is the main symbol of uncivilized judicial system. It seriously abuses suspects' human rights and democracy rights. It also leads to fake case or wrongly judged case. It is not an exaggeration to call torturing and extorting "a cancer of the judicial system". The history of judicial civilization is a history of eliminating torturing and extorting and a history of improving the human rights of the accused or the suspects. Since 16 century some enlightening philosophies already started to criticize the feudalism judicial atrocity and cry for democracy, freedom and humanity. The modern times judicial civilization was germinated since then by gradually getting rid of torturing and extorting. In modern era the development of the criminal law system showed a trend of civilization, democratization and scientism. In spite of the development of the modern judicial system, the old and brutal torturing and extorting methodology of litigation still exists in our modern society which promoting law ruling. Secret inquisition torturing or other disguised forms of torturing still exist in lots of countries although they are banned in those countries. Inquisition torturing matter is so serious that it has caused lots of concerns in judicial society. Why does torturing still exist? How to stop it effectively? A lot of scholar discussed this topic and give a lot of valuable opinions. Based on the study of scholars and colleagues' theories and in conjunction with practice experience, the author, who is an experienced judge working in the front line for many years, tries to establish the current status and danger of inquisition torturing, to seek the cause behind it and to discuss the prevention.
Keywords/Search Tags:Inquisition by torture, Cause, Countermeasure
PDF Full Text Request
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