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The Theory Of Prevention And Cure Of Torture

Posted on:2015-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:J YuFull Text:PDF
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The perfection of litigation system will directly reflect a country’s progress, democracy, civilization and rule of law degree. In modern China that advocating ruling country by law, the criminal litigation system presents the world trend of civilization, democratization and scientific. However, extorting a confession by torture is still very universal in criminal judiciary practice due to the influence of traditional judicial concept, legal system deficiency and some practical reasons. It is always mere paper talk although extorting a confession by torture is clearly prohibited; people do not fully realize its damage and tend to tolerate this action.In view of above, the writer is willing to summarize different opinions in theoretical and practical community by firstly introducing the concept of extorting a confession by torture and its history in China followed by describing its damage and cause in subsequent sections, the writer will highlight the advice for the prevention, particularly on the system.As to extort a confession by torture, it means during the course of criminal proceedings, the prosecutors take corporal punishment, equivalent corporal punishment and mental torture etc. methods against the accused to obtain confession, forcing the accused to admit the crime.Extort a confession by torture is not the product of modern era, it emerged in ancient uncivilized society at the material time of which the science and technology is very under-developed. Originated from slave society while developed and prevailed in feudalism society, it was the model prosecution method for the prosecutors at that time. The major damage of extort a confession by torture is that it could easily create injustice and wrongful convictions, infringe personal rights of suspects, influence prestige of law in people’s heart as well as impede construction of socialism democracy and legal system. It has to find out the cause for the purpose of raising effective proposal to resolve extorting a confession by torture. The writer will sort the causes into three aspects:ideology, system and practice reasons. There into, the imbalance and deficiency of system design is substantial cause.The final purpose of analyzing and discussing problem is to resolve the problem, the writer has put forward effective prevention proposal in respect of ideology, system and practice causes for extorting a confession by torture with expectation to attract high attention of legal workers and ordinary people. With comprehensive measures to restrain extorting a confession by torture, it avails to construct fair and civilized judiciary procedure as well as implement strategy of "ruling country by laws" so as to protect and promote our country’s legal system and civilization process.
Keywords/Search Tags:extort a confession by torture, right to silence, Doctrine of thepresumption of innocence, Exclusionary Rule, Burden of proof inversion
PDF Full Text Request
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