Research On The Implementation Mechanism Of Convention Against Torture

In 1984, the United Nations adopted the “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”. This is a specialized international convention which provides the prevention and punishment of torture and other cruel, inhuman or degrading treatment or punishment. This is a landmark in the anti-torture history of the world, marking the world Anti-torture campaign entered a new period.Since the promulgation of the “Convention against Torture”, 158 countries have joined the Convention. A country has a legal obligation to abide by and fulfill upon its entry into force of the Treaty on a personal right.However, this does not mean that the country is always able to perform voluntarily. Therefore, one of the contents of the modern concept of human rights is to set up the corresponding international implementation of the supervision mechanism in the human rights treaty to supervise the implementation of States parties. Including the implementation of the supervision mechanism and the implementation of the supervision system. This paper mainly studies implementation mechanism of “Convention against Torture”. The system is expounded Committee against Torture, State reporting system and Personal appeal system.An in-depth discussion on the torture in China in combination with the “Convention against Torture”. Points out the problems existing in the implementation of the Convention. The purpose of the present law in our country is consistent with the objectives of the “Convention against torture”.The body part is divided into four chapters. The first chapter named “Fundamental issues of the Convention against Torture”. This chapter makes a brief summary of the implementation mechanism of “Convention against torture”. Section one briefly shows that torture is a common phenomenon both in Chinese history and Western history. Torture is stipulated in the criminal code of the past dynasties, as a legal means to punish the crime. Along with the progress of history, the evolution of civilization, the voice of the anti torture is more and more big. In particular, the destruction of human rights during the Second World War. More people put the issue of human rights in a very important position. More and more regulations on the prohibition of torture have been embodied in international treaties and international conventions. Global and regional rules for the prohibition of torture have been established. The “Convention against Torture” is a product of this period. The second section analyzes the basic contents of the “Convention against Torture”. Including the definition of "torture", supervision mechanism for the implementation of the “Convention against Torture”-- Composition, election, generation and authority of the Committee against Torture, supervision system for the implementation of the “Convention against Torture”-- Inter-State complaints system, Personal appeal system, Investigation system, Investigation system, State reporting system.The second chapter named “the state reporting system to the Convention against Torture”. The state reporting system to the “Convention against Torture” is a mandatory requirement. Compared with the investigation system, personal appeal system and inter-state complaints system, the implementation of the state reporting system is the highest and the utilization rate is extensive. The implementation of the state reporting system may be summarized in three aspects: the submission of reports, the review report, the general comments and suggestions. On the basis of the analysis of the operating procedures of the reporting system of States parties to the “Convention against Torture”. Compare it with the state reporting system to the International Convention on Civil and Political Rights, the state reporting system to the International Covenant on Economic, Social and Cultural Rights and the state reporting to the European Convention for the Prevention of Torture. Find the advantages and disadvantages of the reporting system of the States parties to the “Convention against Torture”. In order to better improve the implementation of the supervision mechanism. It must be pointed out that there are still some defects in the present reporting system of the Contracting State. Including report delay and backlog problem, the report content quality is not high, the low quality of the Commission of torture is limited, the report hearing the opinion of weak sanctions, follow-up tracking process is not perfect and other defects. Have seriously restricted the smooth implementation of the reporting system of the Contracting State. On this basis, the author put forward the following proposals for reform of the reporting system of States parties to the “Convention against Torture”. First,unification and integration of human rights oversight bodies.Second, develop a variety of reporting standards. Third, increase report system without report review and reply list. Forth, further clarify the nature of the opinion.The third chapter named “The personal appeal system of the ‘Convention against Torture’". In this chapter, we discuss and study the personal appeal system. The establishment of personal appeal system is designed for the victims of the infringement of its rights against the government provide an international relief way. Working procedure of personal appeal system including personal acceptance of the article, trial of the personal appeal and treatment result of the committee against torture. The personal appeal system in the implementation of human rights supervision and promoting the development of human rights, has the incomparable advantage of other system.But the personal appeal system is not perfect, it also has many deficiencies. Including whether the individual can become the subject of international law is still controversial, the legal application of the personal appeal, the ban on torture Committee lacks the means to find the facts, there are many problems in the Committee hearing and follow up action does not give full effect. To solve these problems, the author believes that the reform should be carried out from the following aspects. First, promoting universal ratification of the personal appeal system of the “Committee against Torture”. Second, reforming trial procedure of the personal appeal system. Third, to enhance the binding and mandatory of the hearing. Fourth, to improve the efficiency of the trial committee against torture. Fifth, to expand the influence of hearing opinions through other organizations.The fourth chapter named “China with implementation mechanism of ‘Convention against Torture’”. This chapter summarizes and analyzes the Chinese government’s attitude to the “Convention against Torture” and provisions and implementation mechanism of the Chinese domestic law on the prohibition of torture. At the same time, it analyzes the performance of China’s supervision system of the implementation mechanism of “Convention against Torture”. And whether China should cancel the reservation of the investigation system, whether it is clear that the declaration of the individual to accept the system and the inter-state complaints system made relevant recommendations.