Torture Crime Research,

The extortion of confession by torture crime is the public officials encroach upon the citizen fundamental human rights and the national judicial activities. The phenomenon of extortion of confession by torture has existed from ancient to present, but regards as it a kind of crime is the result of modern human rights movement development. The extortion of confession by torture behavior takes one kind of legitimate interrogation method long-standing in history, has accomplished in the history the innumerable miscarriages of justice, serious influence judicature's fair and authoritative. Now, nearly all countries forbid it through the legislation. For some reasons, it failure to prohibit totally, it has necessity to research the extortion of confession by torture.The first part focus on the extortion of confession by torture crime outlines, in this part, the author inspected in the extortion of confession by torture system's history and the extortion of confession by torture crime's legislative evolution separately.The extortion of confession by torture system has the remote history in the Chinese and foreign, legitimate and illegal extortion of confession by torture. It has created the serious consequence, and caused the innumerous injustice, misjudged law case's occurrence. In China, thought generally the Chou Dynasty already had extortion of confession by torture. Moreover China feudal society uses extortion of confession by torture in the interrogation the way is obtains the jury recognition, although all previous dynasties criminal law more or less carries on to extortion of confession by torture controls, and forbids the illegal inquisition by torture. But, as a result of the social time's limitation, these restrictive stipulations have not obtained in reality carries out. It has not been able to prevent extortion of confession by torture the malignant occurrence. Along with the historical advance, extortion of confession by torture forward is also developing, becomes institution gradually. The author focuses on the crime's concept and the constitution characteristic in the second part. in this part, the author introduced theorists related extortion of confession by torture crime's concept' s each viewpoint, and has carried on the analysis to its constitution characteristic's each aspect:First, the author believed in the detailed elaboration human rights and in the legal relations' foundation, the extortion of confession by torture crime infringement's main object is the country Judicial organ's normal activities, but is not citizen's personal rights, must therefore belong to it a misconduct offense chapter, like this not only maintained the national judicial order, to emphasize the government by law principle, moreover could realize well from the limit country judicature authority angle to the rights of citizens protection.Second, the extortion of confession by torture crime besides must have objectively implements the corporal punishment or in disguised form corporal punishment's behavior, but must have extorts the oral confession the behavior, the concrete behavior way, may be takes, may also not take.Third, in the subject of crime and the subjective aspect, the author approves of the logically coherent argument the viewpoint, namely extortion of confession by torture crime's main body limited to our country criminal law 94th stipulation, but the subjective aspect author must be stems from intentionally, including actual intent and indirect intentionally, the crime motive does not affect determines guilt, only affects the discretion of punishment.The author analyzes the problem of the extortion of confession by torture in the third part. First, the author thought that in criminal law 247th stipulated "sends the person disability, the death" should by the assault, the murder crime determine guilt intentionally the punishment, is too general, causes in the theory and the judicial practice has the difference. The author pointed out through the concrete case that extortion of confession by torture sends the person disability or the death cannot integrate criminal law 234th, in 232nd, but must use the extortion of confession by torture crime to determine guilt directly the punishment, like this while has protected rights of citizens, what is more important set up the judicial activity authority.Based on this, the author put forward to this crime's perfect to propose that following suggested: First, belongs to misconduct offense one chapter this crime; two, violate public security manage punish method author also integrate this crime object in perform protect; Third, extortion of confession by torture causes the human to be disabled, the death, no longer defers to the intentional injury, the murder crime to determine guilt intentionally the punishment, determines guilt directly by the extortion of confession by torture crime the punishment;The concrete procedure is the criminal law 247th revision is: judicial work personnel to suspect, accused person or violate renaming People's Republic of China public security manage punish method author implementation extortion of confession by torture, place three year below set term of imprisonment or imprison. The fourth part is the analysis which recognized to the extortion of confession by torture crime's judicature, including elaborated the extortion of confession by torture crime and the non-crime's boundary as well as its and the maltreatment by the major-domo crime, the illegal detention crime, the violence evidence collection crime's boundary.