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On The Containment Of Extorting A Confession By Torture

Posted on:2016-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:W Y YangFull Text:PDF
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The Definition of torture countries vary, from physical violence to the spirit oppression, but behind torture There is the most easily ignored things,that is the unequal social status as the strong investigation organ and weak criminal suspects implied. It is the unequal status virtually encourage investigators solve cases with violence, on the other hand to give the criminal suspect a huge psychological repression. Due to a variety of reasons for this phenomenon, namely the application role in the field of sociology factor and legal culture long-term bias effects. these internal factors coupled with the lack of relevant legal principles which can protecting the suspects in our existing criminal procedure law,made torture run rampant, miscarriages of justice occurred many times. At the same time the imperfect procedure law made torture victims being rehabilitated only by “resurrection of the dead ”and true murderers being caught. in ordinary criminal cases, the probability of torture is also very high. The fundamental cause of torture is the strict demarcation and vitriolic opposition of crime and justice human once set. As well as supremacy position of justice over crime. Curb torture need to change the existing legal system, and to break the traditional social and cultural concept, above all, science of criminal procedure law.The difinition of Torture is in the process of trial, a country’s criminal investigation organ abusely using the special status of power to aquire case information by causeing its citizen physical and mental suffering. On issues of torture there is various fields have already studied deeply in the world.but in reality frequently happened torture tells us that it is not only a historical problem but also an international problem.In 2014 Torture once again got the public attention, first, according to the United States senate intelligence committee reports, the first official tells the CIA agent s has been tortured terrorist suspect. Then on December 15, 2014, Inner Mongolia autonomous region court is pronounced vocative ji le not guilty in its retrial judgment, And the defendant start the accountability procedures and state compensation. Faceing such repeated criminal illness and also very difficult to eliminate it,to do so we need change litigation system in order to remove the survival soil where torture can grow.This requires changing ideas, on analyse the objective reasons of criminal investigations, and to eliminate the bias for crime.While breaking the original lawsuit investigation system, set up a separatetrial system and insufficient evidence tracking system, weakening interrogators power from the legal system, Eventually eliminate torture.
Keywords/Search Tags:Torture, social role, independent inquisitor system
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