The Crime Of Torture Comparative Analysis Of A Number Of Issues

Torture is a crime of international criminal justice practice, a major illness, most of the legislation in different forms of torture be explicitly prohibited. The crime of torture should be the object of the suspect, the defendant's personal rights and not to be compelled self-incrimination rights, the principal should be limited to the enjoyment of the investigation, the trial of the terms of members of the judiciary. The subjective purpose of the crime of torture should be clear in the form of law so as to the distinction between this crime and other related crimes, as a result of the elimination of the crime of crimes aimed at understanding the motive of the crime and the confusion caused by the administration of justice that the fuzzy. The general conduct of the crime of torture is to enjoy the features of the investigation, trial use of the terms of reference of the judicial officers of the suspect, the defendant's interrogation, the right to criminal prosecution and the implementation of corporal punishment or corporal punishment in disguise. In addition, the adoption of foreign legislation and criminal law theory of comparative analysis, combined with China's judicial status quo, the article also pointed out that China's criminal law on the crime of torture committed to take into serious defect model legislation, the adoption of internationally Consequential Aggravated legislation to implement the model is the reality Feasible way to improve the legislation.