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Analysis For Extort Confessions By Torture’s Application Of Law

Posted on:2013-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhaoFull Text:PDF
GTID:2246330374956400Subject:Law
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Extort confessions by torture crime is a charge that is in order to curb judicial staff use violence to get oral confession in the interrogate process. Immediately, there are very limited rule in extort confessions by torture therefore,it result lots of adverse consequences,that has many controversy in academic too. from lots of analysis of extort confessions by torture case, it displays only someone die or the wrong case can be investigate in the extort confessions by torture, even if they are accountable, but imposed penalties is lighter. I believe that one of the reasons is there are some controversial issues in extort confessions by torture crime legal norm, leads to judicial staff have not very accurate standard to conviction and sentencing, so, it is only addressing the controversial issue, that can play the effect in extort confessions by torture crime. Through a combination of theory and specific cases in controversial issues study, I hope provide some valuable help in extort confessions by extort confessions by torture crime.This paper is divided into preface, text and ending three parts. Among them the text is divided into five parts.The first part quotes two inner link extort confessions by torture case that named jiangyubao and zhaojiangong analysis this two case, I put forward there question:firstly, can auxiliary police be the main part in extort confessions by torture crime? secondly,how to determine the nature of the incite people in extort confessions by torture crime? thirdly, can the causing serious injury or die transform crime of intentional injury or murder, And evaluate these three questions, Briefly show that the writer’s view.Part2is A research for put the Auxiliary Police behaviour into extort confessions by torture. Firstly summarized the related doctrine for extort confessions by torture crime it forgives blood relationship theory; function theory; compromise theory. Secondly, briefly summarizes the connotation of auxiliary police. Lastly, according to related theory and specific cases, we discover this three theory cannot put auxiliary police into extort confessions by torture crime main part, it is thus clear that extort confessions by torture crime subject area is limited,we should expansion the range of extort confessions by torture crime subject area.Part3is a research the quality of extort confessions by torture’s "inspire person’s behavior". Firstly, summarize concern theory of the prompt person behavior:"extort confessions by torture prompt person behavior is administrative guidance behavior";"extort confessions by torture prompt person behavior is misuse of authority behavior";"extort confessions by torture prompt person behavior is instigate behavior." Secondly, according to related theories The supreme people’s procuratorate given officially released 《the standard of Malpractice tort crimes Filed standard》 and specific cases analysis,we discover it is inaccurate to the determine the nature of extort confessions by torture prompt person there are no have unify behavior qualitative standard. Therefore, I believe if we have no detailed provisions in extort confessions by torture prompt person behavior’s subjective aspect,we cannot do an accurate qualitative for extort confessions by torture prompt person behavior.Part4is a research for extort confessions by torture’s crime quantity forms. Firstly we summarize related theory:"Imagine competition and make""aggregated consequential offense""Transformation crime" secondly, according to related theory and specific cases to analysis, we discover it is inaccurate to use "Imagine competition and make" and "aggregated consequential offense" to comprehend criminal law Article247.Part5is research for judicial s perfection for extort confessions by tortures application of law, legislative and judicial two aspects, in legislative aspect includes put the Auxiliary Police behavior into extort confessions by torture; clear and definite the quality of extort confessions by torture’s inspire person’s behavior and clear and definite extort confessions by torture’s crime quantity forms. In judicial respects,it includes Consummation countermeasure for extort confessions by torture’s application of law in Investigation activities; Procuratorial activities and Judicial activities.In this text, The author through the combination of case, do a thorough analysis to extort confessions by torture crime and put forward some advise in legislation aspect and judicial aspect. We hope complete legal norm to extort confessions by torture crime, and contain extort confessions by torture crime.
Keywords/Search Tags:extort confessions by torture, auxiliary police, promptperson behavior, transform criminal
PDF Full Text Request
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