Torture Crimes Studied

Extorting a confession by torture is the illegal act with universality，which isforbidden by our law. As it is，Extorting a confession by torture is in essence verycomplicated social phenomenon with strong history and humanistic color. In thejudicatory practices，the frequent actions have violated the lawful interests of suspectsand defendants，damaged the dignity of law and have shaken the people’s faith and hope.With the legalization process accelerating in our country，we should fully protect thelawful interests of suspects. In view of this，Discussing the cause and restraining methodof extorting a confession by torture has very important practical significance. Thisarticle analyses the extorting a confession by torture case of Hubei SheXianglin，HenanZhaoZuohai and others through four parts. The first part introduces the above two casesin detail and puts forward questions. The second part mainly analyzes the existingreason of extort confessions by torture. In the judicial practice of our country, first of all,the extort confessions by torture is deep influenced by the historic culture in feudalsociety and inquisitorial trial way, which becomes the main way for the investigators toobtain evidence and accelerates its frequency. Second, it is an important reason that thelegal system is not sound, there are no regulations about the right of silence of suspectand defendant in the current law, it will cause the investigators to use compulsorymethod to force the criminal suspect or defendant to declare the problems and will alsoeasily arouse the phenomenon of extort confessions by torture. The third part analyzesthe harmful consequence caused by extort confessions by torture. The extort confessionsby torture reduces the efficiency of criminal lawsuit and destroys the public faith in law.The fourth part summaries the measures of restraining the extort confessions by torturein our current law and regulations and puts forward the existing loophole and advice.Although the strategy of restraining the extort confessions by torture has been moreperfect in current criminal lawsuit, it also needs the lawyer present system when the criminal suspect and defendant are inquired, which will make the right of silence moreperfect.We can deep understand the widespread problem of the extort confessions bytorture in our country through this article and come up with the measures of restrainingthe extort confessions by torture, which is good for respecting and protecting the humanrights.