Research On The Crime Of Torture

Ancient torture in judicial activities has long been regarded as a legal interrogation methods.only in modern times,with the.rise of the enlightenment,people is becoming more and more attention to their rights,only slowly to stop torture behavior were proposed in the paper.In our country,due to various factors.Torture this behavior,not only did not cut.and in some ways is very outstanding.caused countless wrongs,seriously effected the judicial impartiality and authority.Although our country criminal law in 1979,1997 on the basis of the crime of torture made relevant changes,but this crime in criminal subject,criminal object and cause disability,death,there is much controversy.Given the problem of torture crime in our country,this article attempt to clarify the problems existing in the crime of torture,and on this basis to find out the legislation defects,and puts forward related legislative proposals.This paper is divided into five parts:summary of torture crime.The author from the torture crime concept,the history of torture and forced confession of the legislation history of the crime in our country,let everybody to what is torture has a basic understanding of.The second part,the components of the crime of torture.Respectively discusses the torture crime four elements.First,tells the story of the object of crime of torture,the author thinks that the crime infringed object is complex object is a citizen personal rights.One is the normal judicial activities of judicial organs.Second,about the objective aspect of torture,the author thinks that the objective aspect of this crime is the judicial workers in order to get the confession of a criminal suspect or defendant use corporal punishment or corporal punishment in disguised forms.Third,about the torture crime main body,the author thinks that the main body of this crime is a special subject that judicial staff.Fourth,about the subjective aspect of the crime of torture,the author thinks that this crime subjectively only is deliberately,and with the purpose of acquiring oral confession.The third part,the problems of crime of torture.This part is divided into three:the first section is about understanding the meaning of disability.Although the understanding of disability in academia there are many,but in this article,the author thinks that,disability shall be understood as minor and severe two levels is relatively reasonable.In the second quarter is the cause of disability,death qualitative problems,the author thinks in this,acknowledge cause of disability,death is the intentional homicide or intentional injury,or directly according to the torture crime convicted and punished,we should combine the offender in the subjective psychological attitude to grasp.In the quarter tells the transformation rules of criminal offense of torture,for this crime transformation rules,there are many views in theoretical circle.But the author in this argument is that the criminal law article 247 after the transformation of part of the rules is made,but the latter half of the author for the article the 247 of the criminal law provisions is completely in the sense of reforming process,but have their own opinions.The fourth part,the judicial cognizance of crime of torture.The author in this combines the constitutive requirements of crime of torture,respectively,to distinguish the torture crime and not crime,crime of torture and abuse crime of regulations and torture crimes and the crime of illegal detention and torture and violence evidence difference between sin and so let us do it correctly in practice.The fifth part,the torture crime legislative defects and perfect suggestions.This part is this article foothold.Through the above analysis,the author thinks that this crime on the defects existing in the following two aspects:(1)the crime subject of crime scope is too small is not conducive to effective punishment of crime;(2)the legal punishment of this crime is set low and are too single,is not conducive to deter criminal.Therefore the author for the above defects,and finally put forward their some legislative suggestions to perfect this crime.