Under The Field Of View Of The Protection Of Human Rights, Forced Confessions Research

Torture is forbidden to safeguard human rights is democracy and the rule of law society, but also the modern value of the protection of human rights, rule of law countries to improve human rights safeguard level historical responsibility. At present, in China's judicial practice torture is the serious problem of human rights abuses in the phenomenon, this kind of behavior happened not only a serious violation of the citizens' legal rights, also makes our human rights issues by the international community has become the focus of attention. In our criminal judicial torture realm of existence have all kinds of social and historical reasons, these factors in the social transition haven't been fully removed. Especially in recent years occurred in our country a series of suspects in custody places an unnatural death of an event, more prominent in judicial practices will be presented out torture. The phenomenon This article from the Angle of human rights protection, this paper discusses torture torture and human rights social historical development status, investigation from the traditional state system and torture of legitimacy to the modern country set the illegality condition set systems to research this shift, analyzes the social basis of the existing status and torture, puts forward a series of measures in the torture ban. This paper points four parts, a total of more than 40,000 words.The first part of this text discusses the development of torture and human rights, torture is content as a kind of ancient social and historical phenomenon, has its own expression form and content, and human rights of slow development also has its own intrinsic request. Based on the development of torture compared with human rights, analyzed the connotation of the inner relation, the aim is to make of torture and protection of human rights to highlight the contradiction between torture that led to the containment measures accords with modern social development trend of human rights provide theoretical foundation.This paper mainly discusses the second part from "legitimate" torture "illegal" social change. From the social structure change and human rights development in broad background to explore the inner torture social power generated with foundation, from the legality of torture to the growing process of illegality torture to research and protection of human rights is the most fundamental question. Such studies can strengthen social torture of illegality of settlement from fundamental to identity torture, and human-rights issues torture to curb provide theoretical basis and conditions.This paper mainly in the third part of torture to our current situation of the real harm to human rights with analysis, through specific analysis demonstrated in modern society from traditional society into process of a series of system and consciousness by influence factors, and combining the current legal system analysis, so as to put forward relevant torture of containment system of the foundation provides an objective practical measures.The fourth part of main basis above the theoretic basis and the objective actual situation proposed a series of contain the specific system measures torture, establishment conforms to modern society and the modern national new judicial social system to achieve full safeguard human rights of social law requirements.