The Reasons For The Existence Of Torture And Its Legislative Perfection

Perfecting and improving the system of criminal procedure is the basic premise and important guarantee for national socialized country under the rule of law. The respect and protecting of human rights has been written into Chinese Constitution, which is the primary task and target of our legal construction. Since human rights protection awareness has been gradually enhanced, the Chinese society has conducted deepening studies and researches regarding the criminal procedure and practice. For example, many politicians, sociologists, scholars in China, are making a concerted effort in line to perfect and develop the criminal legal system. For a long time, the continuous social endeavor has become the driving power for the criminal legal construction, and has provided a good social environment and institutional guarantee for more fair and impartial judicial work.In perfecting the construction of criminal legal structure, we need to solve the inevitable torture behavior. Torture, as a big tumor in today’s society, not only harms the person’s health, but also damaging the person’s family at the same time, and treads the judicial justice and dignity, making it become a big obstacle against governing the country legally. Convening torture not only is the necessary request to maintain the normal survival and development of people, but also an urgent request of building socialized country with laws.This thesis is comprised of three parts. The first part briefly talks about what’s torture and what features or characteristics it presents, as well as the harmfulness of torture behavior from three points. The second part talks about the reasons of the widely-spread existence of torture in Chinese society, including shortcomings of criminal legal building, irrational judicial structure and traditional legal culture that have been deeply rooted in peoples’s minds. The third part briefly talks about perfecting the legislative systems, including legal suggestions of the Chinese Criminal and Procedural Law.