The Torture Of The Causes And Countermeasures

Inquisition by torture, is one extremely bad interrogation method used by some judicial staff members, who treat the criminal suspected persons or the accused with corporal punishment or that in disguised form to obtain their declarations. Though Chinese law has proclaimed in writing terms that inquisition by torture is forbidden, such acts still exist to a considerable degree in present judicial practice. Inquisition by torture not only directly results in the unjust or wrong cases, but makes the image and authority of the public security and judicial organs greatly decreased to the people's mind. So in view of it, it has a great realistic meaning to discuss such a method.Inquisition by torture, an ignorant and barbarous way of handling a case, has been regarded as a disgrace by temporary legal civilization. It has been strictly forbidden by every national law since the 16th century when European bourgeois' democratic revolution opposed feudal brutal judiciary and the year of 1912 when Mr Sun Zhongshan published the legal stipulations and claimed to abolish inquisition by torture. However, it hasn't totally disappeared yet till today, and it still commonly exists in our country and can't be controlled. In fact, it has been an important obstacle in the way to build our country as a modernized legal nation.On the base of realistic conditions and harm of the inquisition by torture, the article starts with its concept and character. What's more, by analyzing the reasons, using the experiences of other countries as reference and considering our country's practical situations, the article puts forward the countermeasure to contain the inquisition by torture in consideration of legal system and judicial practice, and it may be someway beneficial to give some advice for judicial authority to build an effective mechanism of suppressing inquisition by torture and to protect the human right of the criminal suspected persons and the accused.As an illegal activity, inquisition by torture, not only infringes upon the citizens'...