Legal Research On Torture

It should be said, torture to extract confessions is a commonplace talk of an old scholar, but in the ancient society this brutal torture is legitimate, but is now banned by law, because it reflects the values, which inherent requirements and the rule of law in our society. Because the torture to extract confessions have detrimental effects in many aspects, not only can cause damage to human body, is the same to the judicial authority of blasphemy. In recent years, torture to extract confessions have attracted much attention, because it produces the miscarriages of justice are not uncommon, so many innocent people under pressure "confession", a lot of really guilty people be still unpunished, which let people chilling, will inevitably have on the authority of law and justice question. Based on this, it is necessary to explore the torture to extract confessions, because it not only has profound theoretical significance, also has practical significance due. This thesis consists of four chapters, including the following aspects:the first chapter is the analysis of the theory of law. In this chapter, the definition of torture to extract confessions,. at this stage, many scholars have different understanding and views on this noun. In this paper, combined with the actual situation of our existing, and then refer to the relevant provisions of the "United Nations Convention against Torture" of torture and torture to extract confessions, distinguishes the meaning. The second chapter is on China’s description of the legal status of torture to extract confessions, through the analysis of the current situation, analyzes the deficiency in the legislation in the field of. In this chapter, the relevant provisions of the criminal procedure law in the new are described, and the criminal procedure law of old were compared, the final analysis now lack of legislation and the possible hazards. The third chapter is aimed at all kinds of problems existing in the second chapter puts forward the countermeasures and suggestions to improve the. Specific include the following aspects:by referring to the experience of the western developed countries, pointed out the need to strengthen the judiciary and law enforcement officers of the concept of human rights and personal qualities; pay attention to improve the relevant legal system, suph as the presumption of innocence and the illegal evidence exclusion mechanism; establish and perfect the system of relief, such as damage compensation system, increase efforts to investigate and deal with illegal confession by torture etc..This paper is finished based on the reading of Chinese and foreign documents, in the process of writing the paper uses comparative analysis method, historical method, and focus on how to avoid the specific methods and approaches of torture to extract confessions happens, expect the thesis, to the early elimination of torture to extract confessions""the effort.