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On The Reasons And Countermeasures Of Extorting A Confession By Torture And

Posted on:2007-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:H ChenFull Text:PDF
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Inquisition by torture is an ancient and barbarous method of interrogation. It had been adopted as a legal method of interrogation for a long period. With the human progress and the development of human civilization, inquisition is more and more hated by modern legal civilization. Especially since revolution of capitalistic class, enlightened thinker strongly attacked this cruel method of interrogation. The concept of protect human right was gradually accepted by more and more people. Inquisition by torture had been abolished by many countries. In our nation, Ms.sunzhongsan announced forbidding inquisition by torture at first. Since the establishment of PRC, all law document of our state regulate that inquisition by torture must be forbidden. Our nation signed 《Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment》 in1986 and 《Convention of Citizen Right and Politic Right》 in 1998,forbidding inquisition by torture become the international obligation. But in the reality of justice, the phenomenon of inquisition by torture is very common. It harm the socialistic legal system construction. It is due to the factors of mind concept, legal system and reality. It is pressing to analyze such factors and perfecting the countermeasure for current Chinese legal system construction. Such is starting point and goal of this thesis.This thesis includes three parts. The first par is "The Outline". For the clear concept is the fundament of the academic research, it introduce the concept of inquisition by torture and analyze it at first Secondly, I list the law of forbidding inquisition by torture and sum up the actualities in our country. From which, we can see the contradiction of the law and the actualities. At last, I mainly deal with the harm of the inquisition by torture,. then, it tell us the importance and necessity.The secondly part is "the reason why inquisition by torture generates ". In some factors such as mind concept, legal system and reality. I try to analyze the reason, find out the source. And then, we can suit remedy to the case and find out the countermeasure.The third part is "perfect the countermeasure on inquisition by torture in our country". In this part, I consult the oversea experiences and combined with the reality of our country,...
Keywords/Search Tags:Inquisition by torture, Prevent method Innocent presumption, The right of silence
PDF Full Text Request
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