| Torture is explained to cruel, brutal, vicious cruelty penalties the general term for all kinds of cruel punishment, and so on in the dictionary. Since the Enlightenment, criminal law and other laws are in the natural and rational guidance and along with the wave of bourgeois revolution, the torture is abolished gradually. Since the beginning of the 20th century, torture is regarded by the international community and the modern concept of the rule of law can not be evil. Containing anti-torture provisions of the law documents is more and more abundant. The international convention for the torture has different requirements. All of them are clearly defined the torture. By comparison,"the International Covenant on Civil and Political Rights"combine with the"Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment"made more appropriate definition to torture. I believe that modern China should be based on"the Convention"as the basis for the broad definition of torture, and as contemporary Chinese practice of anti-torture theories. In accordance with"the convention"to the provisions of the standard, we will be able to history and reality of torture is divided into three categories: The first is the method of punishment as torture, physical torture may be called; The second type is mandatory as a criminal methods of torture, the procedure could be called torture; The third category is some kind of sanction after the abuse caused by torture, that is some kind of penalty method does not have the nature of torture, law enforcement officials because of incorrect use of such punitive measures, resulting in torture.From the start with the definition of torture, torture of the nature of the in-depth digging. Torture is a public officer or at its instigation, a person deliberately imposed on him any physical or mental anguish or suffering, in pursuit of him or a third party to obtain information or a confession, or he's been done or suspected to be punishment, or a third party to impose his or intimidation, or discrimination based on any one of the reasons for a person to carry out torture .For this reason, the nature of torture can come to the following conclusions: torture is a serious violation of human rights, torture is an abuse of state power, modern torture is a crime.The international community for a number of anti-tortures have reached a consensus has entered into a series of international instruments to promote human rights, to curb torture."Charter of the United Nations","Universal Declaration of Human Rights","Standard Minimum Rules","the International Covenant on Civil and Political Rights","Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment","Code of Conduct for Law Enforcement Officials","With regard to medical doctors in particular in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the role of the principles of medical ethics","The UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment","Crime and Abuse of Power of Justice for Victims of the basic principles of the Universal Declaration","Anti-Torture Convention and the Additional Protocol". All these are actions that the international community's anti-torture landmark results.With the signing of a series of international, regional anti-torture movement is gradually emerging. The international community in the anti-torture movement in the course of development, a number of countries in the region related to the joint efforts made can not be ignored. Their international anti-torture movement in the healthy and rapid development has also played an important role in promoting. European countries signed the"European Convention for the Protection of Human Rights and Fundamental Freedoms","Europe to prevent torture and inhuman or degrading treatment or punishment of the Convention". American States signed the"Convention on Human Rights in Central America","Central American countries to prevent and punish torture convention","Central American countries to prevent, punish and eradicate violence against women, the Convention". Organization of African countries adopted the"African Charter on Human and civil rights"and"protection of the African Charter on the Rights and Welfare of the Child". China and the EU also contain the torture started.At the same time, the international community to protect the victims of torture and assistance. The United Nations adopted the"Crime and Abuse of Power of Justice for Victims of the basic principles of the Declaration", how to set up for victims of torture after made a mechanism for the protection of specific provisions. How to set up for victims of torture after made a mechanism for the protection of specific provisions. The international community to set up the Fund for Victims of Torture established the International Day of Victims of Torture, the establishment of a variety of medical rehabilitation centers, active in the anti-torture campaign. In addition, the international community has also been actively setting up the anti-torture monitoring mechanism.Contemporary China in the anti-torture has also made the preliminary results. In recent years, the anti-torture was further enlarged, has been developed or modified in the law, although there is no direct provision of the anti-torture provisions, but indirectly provides for a number of provisions of the anti-torture. From the Constitution to the Criminal Code, Criminal Procedure Law, Administrative Procedural Law, the State Compensation Law, the Public Procurators Law, the Judges Law, the People's Police Law, the Prison Law, and so on, are related to the relevant provisions of the anti-torture. At the same time, the signing of a number of international human rights treaties, the domestic anti-torture as a means of promoting the practice. China has joined the"The UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment", the 17 international conventions on human rights. In addition to the prohibition of the system, there are also some practical measures, abolition of the"review of the asylum system", and stepped up efforts to investigate and deal with torture, but also actively participated in the anti-torture foreign exchanges.Despite many efforts and achieved great success. But it should be noted that in the administration of justice more and more civilized, more democratic, more and more scientific today to extorting confessions by torture as a typical phenomenon of torture or attack from time to time, China's civilization and justice to the serious obstacles on the road.Torture has been able to become a symbiotic process of human civilization, and long-term, which is itself made us think. We have to understand traditional Chinese torture, and torture of traditional Chinese mining history, culture and understand the root causes of the phenomenon and root causes. This is the only way for us to contain the present and future, eradication of torture to provide clear and feasible ideas. Due to China's special geographic environment and national laws have at the beginning of the development of productive forces and social structures of their own countries as well as the nature and function of the law, making an early penalty and the legal system has a strong will and great power Cruelty. Chinese traditional culture has also decided to factor in the emergence of torture and development. In the traditional culture nurtured at the same time, torture has become part of mainstream culture behind them, we can not eliminate. Ancient Chinese people also have great recognition of torture. Special Chinese traditional culture of torture has a role in shaping the identity and, contemporary China's anti-torture practice must also reflect the traditional culture from the start. Only an in-depth understanding of the cultural roots of the torture that we can effectively curb torture.Contemporary Chinese torture breeding system because: lack of awareness of human rights and the protection of human rights of the lack of supporting systems, the power of insufficient supervision on law enforcement's own quality and technical equipment behind, torture cases investigated and dealt with many difficulties perpetrators of torture to escape the law, and so on. Contemporary Chinese society anti-torture can start building the system from the following: establish the"right to remain silent"system, the development of illegal evidence exclusion rules will be serious mental torture are identified as crime and reform the existing system of reeducation through labor, lawyers building a comprehensive system of intervention and improve law enforcement access to the class system and improve the education of law enforcement And training system, the establishment of a special anti-torture body, established by the investigators for their torture does not burden the system, improve the mechanism for relief of victims of torture, clearly established the crime of torture. We are convinced that as long as the Government, the participation of all citizens and appropriate measures, torture in our country will certainly be able to reduce to a minimum.
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