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On The Causes, Harm And Countermeasures Of Extorting A Confession By Torture

Posted on:2015-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:J L WangFull Text:PDF
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Over the years, the relevant judicial department in our country has beencontinuously striving for legislation to prohibit interrogational torture. March14,2012, our criminal procedure law corrected by the eleventh session of the NationalPeople’s Congress fifth conference, emphasized again "it is strictly prohibited tointerrogational torture". November15,2013, the eighteenth session of the thirdplenary session adopted the "decision" of the CPC Central Committee on deepeningthe reform of some major issues, which once again put forward the perfect judicialguarantee system of human rights, the state respects and safeguards human rights.We need to improve the accountability mechanisms of the misjudged case, strictlyprohibit interrogational torture, corporal punishment, mistreatment, and strictimplement the exclusionary rule of illegally obtained evidence. However,interrogational torture phenomenon in our judicial practice is still frequent,anti-torture work in China still faces huge challenges. The aim of writing this paperis to analysis the phenomenon of interrogational torture, to make more people form arational understanding of the behavior of torture, and to find some rules of itsoccurrence, to provide an effective countermeasure to prevent torture, in order tofacilitate the interrogation process of judiciary into standardized track. This paper isdivided into four parts,the main contents are as follows:The first part gives a general overview of interrogational torture. The writerfirstly describes the concept of interrogational torture. Generally speaking, theperpetrator of torture is the state judicial personnel, the object of torture is thesuspect, forms of interrogational torture are to practice corporal punishment ormental suffering to make suspect painful to extort the confession. Furthermore, theauthor briefly introduces the consequences of illegal torture in this section.The second part introduces the causes of interrogational torture. The writersystematically discusses the deep reasons of torture from the ideological reasons oftorture. In addition to our legal system and wrong concept, the presence ofinterrogational torture also stem from practical reasons such as backward technologyof the investigation organ and the high incidence of criminal cases. The third part focuses on the harmfulness of interrogational torture. From therespects of human rights,efficiency and social stability,the writer expounds thesignificance of stopping interrogational torture.The fourth part systematically expounds the measures of curbing interrogationaltorture. In this part, the author puts forward countermeasures of interrogationaltorture in multiple perspectives, such as establishing the correct concept, improvingthe relevant legal system and strengthening authorities’ restriction mechanism, andso on.This paper systematically explores the interrogational torture, which providesa reference for curbing torture problem research, in order to reform our system ofcriminal procedure and do something to make our socialist judiciary system better.
Keywords/Search Tags:Interrogational torture, Causes, Harmfulness, Measures
PDF Full Text Request
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