A Number Of Issues. Torture Crime Study

The torturing crime is a familiar offence in judicial activities both at home and abroad, especially it is more familiar in our country as a result of the influence of such factors as history, nature and society, etc. It does not stop although it is strictly forbidden repeatedly.This article will expounde from the five aspects of the crime, and emphasize to explain such problems as its legal characteristics, understanding for knotty problems in the legal causes, common offence and attempt, etc. Based on the above, the article gives suggestion on revising and perfecting legislation of this crime.In the aspect of the legal characteristics, seven characteristics of this crime are summed up from the requisites to constitute the crime. At first time, the article puts forward the characteristics of successiveness in time and legality of performing functions and powers, and expounds how to limit a suspect in the judicial practice. The exposition on knotty problems is the important part of this article, which brings forward two results and reasons that permanent disability shall include light injury and heavy injury (including disability), explains the subjective aspect of causing person to permanent disability or death shall be direct intention, excluding fault. In the exposition on the problem of offence transformation of this crime, the article raises the concept and characteristics of two kinds of transformed offences in broad and narrow senses and confirms the torturing crime is the transformed offence in a board sense. In the aspect ofthe common offence, the article enumerates the situations of the common offence from the two aspects of suitable case or not of subject, points out the negative is also the manifestation of objective act of this crime, and expound the affirmance on the common offence of identity or non-identity offence. The article bravely tries to put forward the torturing crime shall have the formation of attempted offence, the crime is an act offence, which has two situations: the attempt that method act has not fully accomplished and the attempt that method act has fully accomplished but objective act has not fully accomplished. In the aspect legislative suggestion, the article gives reasonable suggestion on compiling stylistic rules of legislation, perfecting offence subject, supplementing offence object, setting up legal penalty, limiting transformation of offence and revising judicial explanation, etc.