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Suppression And Precaution Of Extortion Confession By Torture

Posted on:2013-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:G H YaoFull Text:PDF
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Extorting confession by torture is forbidden sharply in our law. But thisphenomenon is a common occurrence in judicial practice. The extorting confessionby torture is not only damaging the prestige of judicial authority, but also impairingthe entity reality of cases. In the mean while, it will reduce the public trust in law andcriminal judicial system.Common occurrence of extorting confession by torture has its reason for being.To have a basic cognition of extorting confession by torture is necessary beforekeeping it within limits. The basic concept is discussed and the accusation ofextorting confession by torture is defined in the first part of this paper, which isessential and should not be neglected. The following theory is expanding on a basisof this part. Then this paper explains the negative effects because of harm ofextorting confession by torture on the tortured and public and the public crisis ofconfidence in our judicial system result from extorting confession by torture, thatstate the necessity of keeping extorting confession by torture within limits.The reason of being difficult to keep the extorting confession by torture withinlimits is complex, and the consistent viewpoints in education circles includeinfluence of traditional litigation concept, the low level of the cases handlers,imperfect of our lawsuit mechanism, lack of right to silence, difficulty in theintervene of lawyers, shortfall of daily monitoring, and imperfection of rule of illegally obtained evidence so on. The second part of this paper is the deep analysisin reason resulting in the extorting confession by torture, the author think that theexistence and spread of extorting confession by torture is a complex system ofcombination of many reasons that include social and history reasons, defect existingin legal system and other outer interference factor, in that the defect existing in legalsystem is a primary cause.The third part in this paper, the most important part, design a set of morethorough system to suppress and precaution extorting confession by torture inthrough analytic demonstration. Perfect establishment of system can get a effect thatis keeping the bad consequence resulting from concepts of violating the systemwithin limits. The primary cause of that, the law-executor still do things of extortingconfession by torture, is because of the imperfect of legal system and lack ofeffective system that can fight to the extorting confession by torture. Thus,establishment of perfect system fighting to the extorting confession by torture is aneffect measure. However, this establishment of system should touch the traditionalcondition of configuration of the question right, and break the state of natureinequality between the inquirer and the inquired, to make the inquiry go directly tothe orientation where the right to inquire can be controlled more logically.
Keywords/Search Tags:extorting confession by torture, right to silence, unsettled detain system, elimination of illegally obtained evidence
PDF Full Text Request
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