The Research On The Reasons, Harmful Effects And Measurements Of Interrogational Torture

The phenomenon of interrogational torture has been existing in China since theancient times. Besides, it generally exists throughout the world. How to forbid thisphenomenon became a big problem in the judicial. Although, in our criminal law, it isregarded as a severe criminal behaviour that will infringe people's personal rights anddemocratic rights, it largely exists in the judicial practice. Interrogational torture maycause huge harms. Not only will it cause false and wrong cases, but also will damage theimage of our judiciary in our people's hearts, and undermine the authority of the law. Thephenomenon of interrogational torture is opposite to the human rights concept which isnow been advocated in the world, and is also opposite to the spirit of criminal right ofaction. It is a vulgar, outmoded and ignorant judicial activity which is against moderncivilization. Consequently, successfully forbidding the interrogational torture will be verysignificant to our judicial practice.This article focuses on exploring the causes and preventable measures on theinterrogational torture. Initially, this paper sorts out the concept and historical reasons ofinterrogational torture from the Zhao Zuohai case. This paper also briefly introduces thehistory and the current situation of interrogational torture to indicate that interrogationaltorture contradicts our modern civilization. The paper suggests to count our publicsecurity staff in the crime subject of interrogational torture through the comparison andanalysis of mainstream viewpoints and judicial practice.Secondly, it analyses the reasons of interrogational torture, explore the reasonsthrough our specific judicial condition and traditional thoughts and the weak points in ourjudiciary. Thirdly, it elaborates the harmful effect of interrogational torture, which will nothelp to find out the truth but to damage the justice of main body and procedure. Theinterrogational torture, which is inappropriate to the concept of protecting human rights,would obstruct judiciary's normal activities, ruin judiciary's image and judicial authority.Finally, the paper offers measurements for forbidding the interrogational torture,ensuring the presumption of innocence, introducing Right to Silence, improving the levelof science and technology in investigation and improving the diathesis of the judicialpersonnel. The proposals in the paper may be helpful to prevent the interrogationaltorture activities.