Reasons Of Inquisition By Torture And Its Prevention

In a sense,inquisition by torture is the initiator of miscarriages of justice and the darkest corners of the rule of law in criminal proceedings.As a brutal interrogation techniques,It is not only make citizens involved in serious physical and psychological trauma, but also cause serious damage to the rule of law. Of course, this phenomenon occurs not only in China, it is a common phenomenon of national judicial practice. I will be following four parts of the causes of torture in our country and its preventive measures.The first chapter is the theoretical definition of torture, which is the theoretical basis of this article.Mainly on the concept of different torture research of domestic scholars,understanding of torture in other countries,the characteristics of torture and the crime constitute of torture in China.The second chapter is the reason of torture. This chapter is one of the focuses of this article.Different scholars have different interpretations for the causes of torture,such as the three reasons,the four reasons,the subjective and objective and the containment doctrine, By the detailed analysis of the phenomenon,the author thinks that the persistence of torture is a combination of a variety of reasons, including:the impact of certain ideas in history (Such as show of traditional Chinese legal culture and neglects the importance of collective interests of the characteristics of individual rights; Confucianism advocates obedience to the state power and tolerance; litigation popular in ancient China "statement doctrine" and the "presumption of guilt" thinking),there is a loophole in institutional level(Lack of presumption of innocence; lack of right to silence;accountability system is not perfect;legal supervision mechanism is not perfect), the impact of practical factors(Psychological mechanism of the criminal police is not perfect;"murder must be solved" slogan is at work;the political quality is low and detection equipments are backward).The third chapter is a risk of torture. This chapter lists a large number of miscarriages of justice in the judicial practice,and be specific analysis,the author presents against torture in the following aspects:the harm suffered by those who torture,including physical abuse and mental persecution;those who torture may also be held criminal responsibility; reduce the efficiency of criminal proceedings,public confidence in the law was reduced,procedural fairness be questioned and so on.The fourth chapter is the government measure of inquisition by torture.This chapter is also the key of this article.The author believes that effective containment and eliminates extortion of confession by torture gradually is process which proceeds in an orderly way,it must obtain in every way, stops up sparsely develops simultaneously,treats the symptoms and the causes, the comprehensive program of public order. First, improve the detection system.For example,establishes the limited silence power;establishes the entire journey sound recording and video recording system;building surveillance system and charge separation of personal health inspection system,and secondly to enhance the training of investigators,improve relevant incentive mechanisms, and finally to improve the criminal procedure in the sanctions regime,implement monitoring mechanisms of the Procuratorate,establish an independent agency to correct such injustices.