On The Containment Of Confession By Torture

If the amendment of Investigation Procedure is the the central aspect of the reform of the Code of Criminal Procedure, the containment of Confession by Torture is the core problem. Currently,how to contain Confession by Torture is troublesome not only for justice practitioners but also for theorists. This article starts with the experience of the facts,a number of typical cases and the empirical study. Then the proposition is put forward:Investigation Department' Performance Evaluation Mechanism is the key reason for Confession by Torture. Only to reform the Investigation department' Performance Evaluation Mechanism can we contain Confession by Torture. This article constitutes introduction,text,conclusion and thanks. The text is divided into four chapters and has more than 40,000 words.Chapter one elaborates some basic questions for Confession by Torture. This chapter starts with several cases. Then the serious situation of criminal judicial practice is pointed out. Concepts and elements are clarified after that.Lastly,the harmful and urgency of Confession by Torture is indicated.Chapter two is the connecting chapter.Firstly,the reasons of Confession by Torture and meatures of containing Confession by Torture are summarized. An empirical study is used when the existing theroy couldn't expain the phenomenon. Then a assumption is derived that Investigation Department' Performance Evaluation Mechanism is the key reason of Confession by Torture.Chapter three demonstrates the relation of Investigation Department' Performance Evaluation Mechanism and Confession by Torture.Firstly,Performance Evaluation Mechanism is pointed out within the Public Administration and our country' reference with westen Performance Evaluation Mechanism. After that we investigate the relation of Investigation Department' Performance Evaluation Mechanism and Confession by Torture not only from history to reality but from possibility to necessity.Chapter four is the core chapter. Section one is about Epistemology. We have to update mind of not only investigators but citizens. We should let investigators know the objectivity of discipline, relativity of investigation and the uniformity of the efficiency and effectiveness. Otherwise, citizens should give more tolerance and care rather than criticism to investigators. Section two demonstrates the reform of Investigation Department' Performance Evaluation Mechanism. We should cancel the Mechanism of "Case Tender", set up "Detection Rate" with mixing of qualitative and quantitative and establish the classifid mechanism of the "Deadline Detection" and "Case Must-breaking".This article has two innovations,one is that Investigation Department' Performance Evaluation Mechanism is concerned when I analyse the reason of Confession by Torture,another is that Maslow'need-hierarchy theory and Materialist dialectics are recommend when I build the system of the containment of Confession by Torture.