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Between Human Rights And Maintenance-Avoid Behavior And The Legal Regulation Of Torture To Extract Confessions

Posted on:2016-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:X D ZhangFull Text:PDF
GTID:2296330503950041Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
Extorting a confession by torture is a serious violation of the human rights of the ugly phenomenon, in the long period of slave society and feudal society, extorting a confession by torture is a very common means of evidence and such behavior is legal. With the development of social civilization and progress, and the advent of the bourgeois revolution in Europe, the majority of Enlightenment thinkers to the cruel torture as a typical representative of the medieval cruel punishment, severe criticism.In our country, extorting a confession by torture exist for thousands of years. It is not only a serious violation of human rights. But also damaged the reputation of the judiciary, extorting a confession by torture has become a historical ills, in judicial practice is banned repeatedly more than in 1949 new China established since gradually adopt a variety of forbidding extorting a confession by torture, illegal detention of legislative and judicial measures. At the same time in China on December 12,1986 signed< prohibited torture and other miserably evil inhuman or degrading treatment or punishment convention> hereinafter referred to as< the UN Convention against torture. Its purpose is on, extorting confessions by torture, effective regulation. But in the judicial practice every year appear torture For the case, the startling typical cases, a serious violation of the criminal suspect, the defendant’s rights of the person and destroys the credibility of the judiciary and the majority of citizens reverence for the law.In order to further improve China’s rule of law and protecting human rights, effective regulation of extorting a confession by torture. The in this paper purposed:basis of extorting a confession by torture, characteristics, review the history and the present situation and the legal regulations of the history, in-depth reflection on legislation and judicial exploration and on the regulation of torture torture in legislation, justice as a useful summary and exploration.
Keywords/Search Tags:Torture to extract confessions, compulsory measures, the presumption of innocence, the illegal evidence, the right of silence, no punishment in doubt case
PDF Full Text Request
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