Criminal Rules Of Evidence And Torture Governance

Inquisition by torture is a disease in Chinese judiciary as well as in Other countries. It is strictly forbidden though litigation system in all the countries. The proof system is the core of the litigation system, decide the End result of the litigation. The litigation proof rule is the core contents of The proof system.At present, China has not introduced a dedicated Criminal Evidence Act,the existing criminal rules of evidence can not meet the need of combating crime and protection of human rights.To Torture Governance, the key is the improvement of the criminal rules of evidence.The text has a foothold to practice, systematic analysis of the status and problems of the criminal rules of evidence in the torture governance,investigating the absence of reasons of the criminal rules of evidence,such as traditional law and culture is a deep constraints of criminal rules of evidence, the direct impact of policy factors on the criminal rules of evidence and imbalance between fighting crime and protecting human rights. To improve our criminal rules of evidence for these problems, putting forward the pertaining to crime litigation proof rule to carry on three perfect speculations to the our country:perfect the basic principle of the criminal rules of evidence-the presumption of innocence, against forced self-incrimination principle, the principle of right to silence; improve the specific rules of criminal evidence-the Confession of an arbitrary rule, the illegal proof expel rule, the exclusionary rule, the hearsay rule; establish a supporting system-system of witnesses and proof open to show rule.