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Thinking Of The Torture Phenomenon French Culture

Posted on:2006-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:X YuFull Text:PDF
GTID:2206360152980832Subject:Law
Abstract/Summary:PDF Full Text Request
As a poser for our judical system now , Inquisition by torture has not only infringed upon the personal and democratic rights of the criminal suspect and defendant , but also make the undeserved cases , mendacious cases and wrong cases . It badly damage the value of the modern criminal law , and it is contrsry to the trend of the policy "governing the state by law" . Inquisition by torture is commonly used in practice , that have relation with its long history as the legal system , It had been established in the legal in Xizhou Dynasty , and had been developing from Qin Dynasty to the beginning of Qing Dynasty . It had been abolished in the end of Qing Dynasty with the influence of the western legal conception . Though the development of inquisition by torture , we can find three complications that make it overrun in the archaic law : Our traditional legal concept , the law principle of "guilty presumption" and the distemperedness of supervise system . I think the way to forbid the Inquisition by torture is : change the traditional conception and build up the conception of "protect the personal and democratic rights", perfect the priniciple of "Innocence presumption" and evidence rule , strengthen the supervision and limit of reconnaissance power .
Keywords/Search Tags:Phenomenon
PDF Full Text Request
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