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Comment On Preventing From Extorting A Confession By Torture

Posted on:2011-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y LuFull Text:PDF
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The threat of extorting a confession by torture which every country all over the world is facing is a world's difficult puzzle. In the civilized, cultured and advanced society, the phenomenon of wild and ruthless"extorting a confession by torture"hasn't disappeared from society of rule of law. The cases of extorting a confession by torture take place frequently during these recent years. The effects and bad influence have done great harm to people. It goes the opposite way in which the notion of justice that the social society of rule of law has set up. A majority of countries in the world have taken restrictions on this both ancient and rude phenomenon by making new laws and with every method. However, in the practice of criminal laws, there can still be some extorting a confession by torture or different criminal confessions happening. There is no exception for China. In recent years, because of the wrong cases which extorting a confession by torture contribute to occur continuously. What's the reason for the extorting a confession by torture being in high spirits? What does it make a living on? In all, It is the way that how to forbid extorting a confession by torture that does count. In this passage, a number of scholars and experts make a further and helpful exploration on the basis of the former research fruit.The paper briefly introduces the torture overview of the concept of torture, the status quo, characteristics and harm. The concept of the extorting a confession by torture is the behavior that corporal punishment compels to take confession use corporal punishment or in disguised form to the criminal suspect, the defendant refer to the judiciary staff member. The situation in China is torture extorting confessions of existence and still be found. Torture is reflected the following several notable features. Torture is subject to many policemen, intense concealment, methods various, more resistance in solving the difficulty in such cases. At the same time, as the pernicious influence, the torture still has the serious harm. Firstly, it's easy to bring about unjust, false or wrong case. Secondly, it is to have gone against principle of presumption of innocence. Thirdly, it is to have infringed human rights gravely. Fourthly, it is to have more erroneous than investigating and treating the original intention committing a crime. Fifthly it is defiled judicial organs fairly image.The cause of torture in this article is from the following five reasons profoundly analyzed the causes of extorting of confessions by torture. Firstly, it's a legislation aspect shortcoming. Secondly, it is that supervision mechanism is deficient. Thirdly, it's feudal society evidence institution. Fourthly it is that the legal sense is light. Fifthly, it is that the dynamics investigating and treating to extorting a confession by torture is insufficient. The five aspects so to speak is the deep origin extorting a confession by torture coming into being.To prevent the specific torture, it is from the following several aspects discussed whether to take measures to effectively prevent phenomenon of torture. Firstly, it should improve legislation. First of all, it's to implement the extorting confessions onus probandi. The next is to implement the extorting confessions onus probandi. The last is that illegal perfect evidence removes regulation. Secondly, it ought to tighten supervision and restrict. First of all, it is system of lawyer on the scene when cross-examining for sure. The next, it is to perfect interrogation synchronous recording system. The last is to increasing the procuratorial organs of the legal supervision. Thirdly, it is to improve quality, change ideas, increasing investment. First of all, it's to abandon confession erroneous views of"the most important piece of evidence". The next is to improve the quality of the investigation. The last is to prevent forced confessions of funds and technology input. Fourthly, it is to enhance punishment on extorting confessions restrictions.
Keywords/Search Tags:Extorting a Confession by Torture, Summary, Cause, Countermeasure
PDF Full Text Request
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