Study On The Root And Prevention Of Inquisition By Torture

As a result of all sorts of reasons, Inquisition by Torture has made enormous harm to the construction of Socialism government by law, and it occurred frequently though it is forbidden. So, it is urgent now to make some theoretically discussions about the countermeasures for Inquisition by Torture. This dissertation tries to Makes an analysis to Inquisition by Torture through the Following three parts. The harm of the Inquisition by Torture is serious, and its shows from the following aspects. Firstly: Inquisition by Torture may result in wrong judgment to the real entity. Some policeman insist that it is help to find the the truth of the case through Inquisition by Torture. This part will testify their opinion are totally wrong by the analysis of the truth of the case.Secondly:Inquisition by Torture damage the value of the procedural justice seriously. The value of procedural justice has been accepted by the most of peopole of the society. But, Inquisition by Torture damage the civil rights seriously, it denied the value of judicial proceedings and made its as a tool of detec the truth.Thirdly:Inquisition by Torture depresses the efficiency and benefit of the Criminal suit, and its made unjust cases more often than not, increase the cost the suit.Fourthly:Inquisition by Torture obstruct the construction of the legal society and harmonious society. As a judicial officer, the policeman cannot abidance by the rules, thats demage the citizen's trust on law and intensify the social contradictions, and go against to the construction of the harmonious society.The causes can analysis through four aspects:root of the thought, root of the system, root of the benefit, root of the reality. The root of the thought mainly contained:the subordinate's absolute compliance to their superiors; the influence of the idea of the culpability presumption and take the oral confession seriously; some medium's indulgent attitude on the Inquisition by Torture.The root of the system mainly contained the following aspects: at first, we didn't set the rule of presumption of innocence and eliminating illegal evidence; second, it is unscientific of the rule of the custody places and inquisition procedure.For the root of the benefit, this dissertation expound on the economy motivation through the cost, the profit and the risk.For the root of the reality, the primary cause of the Inquisition by Torture is the contradiction between the shortage of police resource and the severe public security situation, and the shortage of the generative mechanism for the evidence.This part gives four measures to the four aspects of the cause.In order to eradicate the root of the thought, at first, it has to convert the traditional value, then, it should to strengthen the ideological education for the judicial office and popularize laws in the society.For make the criminal suit perfect, we should strengthen the protect of the civil right for the defendants or suspect and control of the investigation right in our criminal justice practice.For the eradication to the root of the benefit, the mainly way is making the Inquisition by Torture unprofitable,or increase the risk of the Inquisition by Torture that no people dare not do it. Besides, this dissertation give the solution for the eradication to the root of the benefit. At last, for the root of the reality, if we want to change the current situation, we should input more resource in the criminal suit, and perfect the generative mechanism for the evidence at the same time.