The Extortion Of Confession By 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. China’s current Criminal Code in 1979 on the basis of the Penal Code the crime of torture was amended, but in judicial practice that the crime of extorting confessions by torture remains more controversial, whether it is the main crime, or object, or the disabled person will be given by the provisions of committed to transformation, in theory and judicial practice, there are different in both the know. This article bases the extortion of confession by torture crime crime constitution, has carried on the analysis elaboration to this crime content.The paper first part, the author has outlined the extortion of confession by torture outline, the extortion of confession by torture behavior from legitimately to the illegal evolution history and the extortion of confession by torture crime in our country’s legislation advancement, enables everybody to have a concise understanding to the extortion of confession by torture behavior.The paper second part, the author from crime constitution four important document obtaining, has carried on the analysis elaboration to the extortion of confession by torture crime.First, elaborated the extortion of confession by torture crime object, clarified the Ming dynasty printed books crime violation is the complex object, namely this crime has simultaneously encroached upon citizen’s personal rights and judicial organ’s normal activity; Second, elaborated the extortion of confession by torture crime objective aspect, pointed out this crime the objective aspect displays for to the crime suspect, the accused person implements the corporal punishment or in disguised form the corporal punishment, extorts the oral confession the behavior, and has extorts the oral confession the goal; Third, elaborated the extortion of confession by torture crime subject of crime is the special main body, namely only can be the judicature staff; Fourth, elaborated the extortion of confession by torture crime subjective aspect, pointed out this crime the subjective aspect is intentionally, and has extorts the oral confession the goal.The paper third part, the author unifies to the extortion of confession by torture crime crime constitution important document elaboration, has analyzed the extortion of confession by torture crime and the illegal detention crime, the violence evidence collection crime, the maltreatment by the major-domo crime difference, enables the extortion of confession by torture crime to have a clearer understanding.