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The Definition And Prevention Of Extorting Confession By Torture

Posted on:2017-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:T DouFull Text:PDF
GTID:2206330503465151Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years the miscarriages of justice were frequently exposed by the media, and has been discovered that the majority of miscarriages of justice involve torture, the equity and authority of justice has been an unprecedented challenge. As an interrogation way in our country existed since ancient times, torture in judicial practice in our country has become a malignant tumor for a few thousand years to legal or illegal, visible or invisible manner in our judicial practice. How to identify torture in practice? How should we remove the ills of inquisition by torture? Studies on these issues will help us recognize and contain torture, remodel legal authority and build the society of the rule of law earlier.This article consists of three parts, includes introduction, body and conclusion. Text consists of four parts, namely, outline of torture, the West against the practice of torture from the thought to the course of the execution of the provisions of the special nature of coerced confessions, with a sound system program to curb torture.The first part, in a comprehensive study of legislative and academic definition of torture and after, this paper proposes the definition of the concept of torture, and manifestations of acts of torture and determination to make a specific analysis.The second part reviews the Western opposition to the practice of torture from the thought process, it reveals the human efforts and achievements in the constant awareness of history and against torture.The third part introduces China’s "Criminal Procedure" provisions particularity, and from Western countries oppose torture consensus to the characteristics of China’s Regulation on torture.The fourth part, the idea of procedural to curb torture were proposed.
Keywords/Search Tags:Torture, Suspects and defendants, procedure
PDF Full Text Request
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