The Reason And Prevention Of Torture

In our country criminal procedure code and its related laws and the judicial interpretation has already definitely prohibited the torture. In effect, the phenomenon of torture has not been forbidden completely. Torture encroach upon the citizen's personal right directly, seriously disturbed and destroyed the procedure laws and regulations implementation, has affected the judicial authority, the judicature fair and the social justice extremely easy to create the miscarriages of justice. This article mentioned from the concept and the integrant part of torture, analyzes the history which extortion of confession by torture formed to evolve and the cacuses of inquisition by torture. Simultaneously cohere conjugate combine at present by the social hot peace negotiation widespread attention from all walks of life has carried on the sthenia syndrome analysis to torture, has proven the hazards and causes of torture. About the extortion of confession by torture prevention, author has first quoted;the idea which Professor Zhou Baofeng uman's dignity frees from aggression; the rights of citizens and free the idea which encroaches unreasonably; to the criminal accused person right safeguard rationale has not been carried on the elaboration. Afterwards unified just appears "the National Human rights Planning for action (2009-2010 Year)", has carried on discussing the relationship between the torture and the human rights safeguard. Finally, the author proposed the core viewpointof the article:Prevention torture may take following several feasible measure:First, oral confession voluntary standard in China's establishment; Second, does not have to force from the card its crime right to enter the constitution in China; Third, obtains attorney to help the power in China's establishment and the consummation; Fourth, outside the courtyard declared in a confession non-voluntary estimation and extortion of confession by torture proof responsibility inversion; Fifth, detects detains the separation system in our country's implementation; Sixth, illegal evidence elimination rule in oral confession domain true implementation.Through above measure implementation, by time to in judicial practice extortion of confession by torture prevention certain reference function..