Research On The Crime Of Torture In China

With the strengthening of the world's concept of human rights, torture crime as a kind of social harmfulness is extremely serious type of criminal, increasingly by the international community strongly condemned. Chinese government has always attached great importance to the prohibition of torture, especially in 1988 joined the United Nations's "Convention Against Torture", the more is constantly strengthening China's anti-torture of theoretical research and cooperation with the international community. However, there are still a lot of torture crime phenomenon of China. So, what is the torture crime? What is staus of international and foreign anti-torture criminal legislation and what is the theoretical sigificance for China to refer and complete? What are the problems of torture crime constitution and adjudication in legislative needs to pay attention? How to solve its criminal responsibility? The study of these problems has important theoretical and practical significance. On the basis of Chinese criminal law, and consulting some corresponding international conventions and laws of other countries, the author would start from the concept of crime of torture, in-depth analysis of the existing torture crime's cause, characteristics, problem, criminal responsibility and other aspects in Chinese criminel law, and put forward some possible proposals of China's anti-torture legislation.In this paper, in addition to the foreword, the conclusion is divided into six parts outside.The first part is on an overview of the torture crime. First of all, from the different aspects introduced the concept of torture crime. Secondly, detailed generalizes the torture crime's scope and form in China's current criminal law. Thirdly, systematic analysis of the main features of China's torture crime and the existing reasons.Finally, detailed presentations and comments of international conventions, foreign and domestic legislation on torture crimes.The second part is on thetorture crime of a problem.We analyze the four aspects of the crime of torture constitution, proved the object of torture should be a complex object, not only violate the victim's personal rights, but also a violation the normal management activities of state organs. The performance of the objective aspect of torture crime is the actor in performing official duties activities violate or abuse of illegal implemented to infringe upon the rights and democratic rights, thus torture victims suffered physical or mental pain or suffering of behavior; The main body of the torture crime is a special subject; The subjective aspects's performance is intentional, negligence is not constitute torture crime.The third part is about the identification of torture crime problems. The main contents include: Distinguish touture crime and innocence boundaries; Study on the criminal cessation pattern about the crime of torture; Congnizance of the pattern of complicity form of crime; as well as the the pattern of crime number.The fourth part is on the issue of criminal responsibility for torture crimes. This section mainly analyzes the torture's criminal responsibility in China's current criminal law.The fifth part is compared the torture crime's legislation from home and abroad. This part from the legislation form,crime constitute, penalty system and other aspects detailed compares the orture crime's legislation differences between home and abroad.The sixth part is about legislative perfection of the system of torture crime. This part on the basis of the comparison of home and abroad's legislation of torture crime, analysis and appraisal of torture crime's legislative defects, and proposed legislative perfection of China's torture crime from the Criminal Law , Criminal Procedure Law and Punishment.