On The Procuratorial Organs' Procuratorial Supervision Of Torture

In recent years, the criminal miscarriages of justice of Du Pei wu,Zhao Zuo hai,Yu Lei Wang which attracted widespread concern,greatly damage the legal authority and judicial credibility.So that the legal fairness and justice have been questioned by the people which causing deep thinking of judicial organs and the judicial workers.An important reason of miscarriages of justice is torture.Acts of torture always occurred in the process of case investigation investigated by investigation institution,which continue despite repeated prohibition.The harm of torture is obvious which infringes human rights and democratic rights,damages procedural justice and litigation efficiency, destroys the legal authority and credibility of the judiciary, can easily cause miscarriages of justice and the social contradiction, forming prejudice to law and justice of the community and public.At present, in the process of building a legal country,how to respond to people’s expectation of justice, and effectively prevent and remedy for miscarriages of justice by torture resulted in is a major issue, which is placed in front of every member of the judiciary.In our country, the procuratorial organ which is the legal supervision organ, plays an important role in the supervision and containment of torture.The author has been engaged in procuratorial work for many years,having his own thinking and perception on the supervision functions of procuratorial organs,and their own experience and judgment of the effect of the supervision measures.The author introduces the punishment principle on the acts of torture domestic and overseas and supervision effect of prosecutors on the behavior of torture, and then the behavior of torture to extract confessions were analyzed. The behavior and harm of torture to extract confessions are introduced, and the supervision responsibilities and role of procuratorial organs in supervision and the containment of torture to extract confessions are proposed-Through a comprehensive analysis of the main measures of behavior supervision and containment of torture to extract confession of Chinese procuratorial organs and objective and quantitative evaluation of effect is presented.In the paper,it creatively introduced three important documents of timeliness, independence and mandatory for reference,and three important documents are graded respectively,then the total point of three important documents is used to represent the evaluation results of each kind of supervision:excellent,moderate,poor.Around the better effect of supervision measure whose evaluation results is excellent or moderate,the author tries to explore the points which can be improved to provide ideas and suggestions to procuratorial organs for improving supervision measures.It is helpful to make the procuratorial organs play an more important role in supervising and restraining extorting a confession by torture.