Realizing Causes Of Extorting A Confession By Torture Under Viewpoint Of Law-sociology

Facing to extorting a confession by torture, firstly we deem that it is a kind of legalphenomenon and it is researched by relevant law knowledge, which seemingly is rational.But in fact, we ignore a important point that any legal phenomenon comes from societyand society is a base to legal phenomenon. As a result, we might considerably know thatextorting a confession by torture is also a kind of society-phenomenon except being alegal phenomenon and many conflicts among legal facts and social facts contribute to itsemerging. Law-sociology researching law in the society and law-society problem offers anew viewpoint to study extorting a confession by torture to us.At the same time, living law in law-sociology renders a support-point for the process.To analysis many cases of past and present, we found that, in the traditional Chinesesociety and the society of ruled by law, causes of extorting a confession by torture arefrom many social factors rather than single one. Under the effect of changes ofsociety-organization’s function and nature and organization system and disconnection ofsocial change process, the occurrence probability of extorting a confession by torture isdifferent in different societies. Traditional concept and values with relative independenceand active reaction being in social consciousness field influence occurrence of extorting aconfession by torture to a great extent.Society happens stratification as the development of social productivity. under theeffect of different possession ways of material goods, rationing unbalance of power andright and different assessments to action, the occurrence causes of extorting a confessionby torture show the variety. Social relations are divided into acquaintances and strangersrelationship by different friendships and the two relationships own the confounding,basing on which, the different relationships bring huge effect to extorting a confession bytorture. Moreover, we must consider the relationship of cost and benefit betweennecessity and way of penal legislation, and method in investigation work, basing onwhich, so we deem that there are many precipitating factors in criminal justice activities.To sum up, we should gather up change of society organization, societyconsciousness, social stratification, different relationships and relationship of cost-benefitin criminal justice activities to know about clearly the causes of extorting a confession bytorture.