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Study On The Legislative Defects And Perfection Of The Torture To Extract Confession

Posted on:2014-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:J X WangFull Text:PDF
GTID:2256330401961808Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Early torture legal, from China to the beginning of the modern civil rightsmovement, the germination of consciousness of protecting human rights, made forguaranteeing human rights of criminal suspects or defendants in criminal cases shall beraised to the height of the legislation.Have in the world famous "United NationsConvention against Torture" and "International Covenant on Civil and political rights", inChina’s "criminal law" and "Criminal Procedure Law" provisions are not torture toextract confessions and torture to extract confessions to the implementation of criminalpenalties.However, in recent years, the various of torture to extract confessions malignantcriminal case, such as Du Peiwu case, Zhao Zuohai case, She Xianglin explains thattorture to extract confessions crime in China’s criminal case detection is widely exist insoil and application of space.This article from the perspective of judicial practice, guided by the theories ofcriminal law, using the comparative method, thinking method and the method ofnormative analysis on criminal torture crime focuses on the study of problems, thetheoretical dispute and judicial practice to recognize problems are a relatively clearunderstanding, hope this paper on China’s crime of torture to extract confessionstheoretical research and judicial practice to produce positive effect.The full text is divided into the introduction, body and conclusion of three parts,wherein the body portion includes the following contents:The first part is about the current situation of the legislation of crime of torture toextract confessions ban.Mainly include:(1) the subject of crime, object of crime, specialspecific behavior generalize and criminal purposes only.The second part discusses in detail the current legislation defects, including crimesubject range is not accurate, object of crime is too narrow and the transforming crimeprescribed some problems.The third part a detailed study on the legislation of the crime of torture to extractconfessions of extraterritorial provisions, including the continental legal system countriesand the legislation introduced in our legislation on crime of charge, attribution, object of crime and penalty structure and other aspects of the comparison, the comparative analysisour country changes in legislation in place that can draw lessons from.The fourth part is the focus of this paper, focuses on the legislative perfection of thecrime of torture to extract confessions related problems, according to the overseas ontorture to extract confessions crimes related to China’s legal aspects of the enlightenment,and then introduce our country criminal legislative perfection of crime of extortion ofconfession by torture, torture to extract confessions are reset criminal crime scope,expand the crime of torture to extract confessions the scope of the object, to increase theconsequential offence provisions and other relevant legislation design.My expectationsfor torture to extract confessions crime theory research and judicial practice to producepositive effect.In investigating the case adding more skills, avoid the implementation oftorture to extract confessions behavior, crime will torture to extract confessions to reduceto the lowest degree.
Keywords/Search Tags:Inquisition by Torture, Transforming Crime, Legislative Defects
PDF Full Text Request
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