The Theory Of The Causes And Therapeutic Countermeasures Of Torture

Have since ancient times torture, it not only violate civil personal rights, at thesame time easy to cause misjudged cases, damage the fair image of judicial organs,trampling on the constitution and legal authority. In this paper, based on the objectiveneed to crack down on torture, by analyzing the reality harmfulness of torture, andfrom the historical reasons and objective reasons, reasons for the legal system of threeaspects to analyze the causes of torture, to curb torture legal advice and relevantmeasures are put forward.This article altogether is composed of three parts, the first part is the concept oftorture, constitutive requirements and the characteristics of legislation of criminaloffense of torture, torture is torture in China’s history, the reality of the harmfulness ofgeneral discussion on torture. Specifically, first discusses the concept of torture,torture is then elaborated our country criminal law on the law of sin and thecharacteristics of legislation, through the three legislative characteristics in the crimeof torture is special particular object of the crime, crime subject has the general wayof behavior, the department is divided into paper in the second section "torture crimelaw itself design defects and deficiencies" of groundwork, and from the crimeconstitution of crime of torture crime, legal analysis, and then expounds the history oftorture in our country, and in accordance with the thread of the development lead totorture judicial present situation and the reality harmfulness. Second part and the thirdpart is the focus of this article, among them, the second part from the historicalreasons and objective reasons, the legal system for three aspects analyzes the causesof torture, for the third part of the paper "containment measures" to provide the basisof the theory and practice. Countermeasures for the part of the third part of the paper,the author suggested from establish the concept of human rights and proceduraljustice idea, improve the curb torture the two aspects of legal system, to curb tortureproposes the countermeasure, finally draw the conclusion: to curb torture is a complex system engineering, needs us to try and explore, perfect relevant legislation, establishfeasible law operation mechanism, improve the level of law enforcement personnel,set up the safeguard human rights law, achieve the substantive justice and proceduraljustice, establish judicial authority, improve judicial efficiency.