Legal Analysis Of Extort Confessions By Torture

As an extremely cruel method of criminal interrogation, extortconfessions by torture which was born in the remote slave society, andthen has been in the form of legal existence for more than two thousandyears until the end of the Qing Dynasty, plays a very important role in thecriminal proceedings in the ancient China. After the founding of newChina, although the “criminal procedure law” expressly forbids all formsof extort confessions by torture, it has been exposed and repeated againand again in the judicial practice. In the daily work of public security,especially handling of criminal cases, there have been such unjust falseand wrong cases as "Nie Shubin case","Zhao Zuohai case" owning tosome administrative indicators like the "homicide cases must bebroken","cases must be broken","detection rate rose" and the pressure ofpublic opinion. Thus we lost judicial credibility.In order to promote the construction of the rule of law, according tothe General Secretary Xi Jinping’s important instructions "to let thepeople in each judicial cases feel the spirit of fairness and justice", Iwrote the article. The article has three chapters. Chapter1begins with a famous case “Zhao Zuohai " in Shangqiu Henan province,is a briefinstruction about the history and definition and characters of the extortconfessions by torture, analyzing its deep roots of the extort confessionsand the current situation,the harms of the extort confessions by torture.Chapter2is to demonstrate the design and loopholes in our system of theextort confessions by torture. Chapter3criticizes the limitations and nonoperation in legislation in the past. The author is trying to reducethe events of extort confessions by torture through system reform andperfect mechanism in order to prevent miscarriages of Justice combinedwith the principle of “Illegal evidence exclusion” and “The privilegeagainst self incrimination” according to the new criminal procedure law.In the light of fact that extort confessions by torture exists ininvestigation and interrogation of cases, the article states some effectivecountermeasures against the extort confessions by torture. In the aim toeliminate the extort confessions by torture,judicial official arerequired to strengthen the law consciousness, improve theirown legal practice constantly, make use of multi azimuthsupervision mechanism and modern criminal technology and method.