Abolish Forced Confession-A Perspective Of Human Rights Protection

Forced confession in our judicial practice is a frequent occurrence despite repeated prohibition, triggering a series of miscarriages of justice, violating human rights seriously. This article is from the perspective of human rights protection, based on the status of the suspect's human rights protection in our country to analyze forced confession, through comparing the foreign legislation of forced confession and human rights, we can learn the advanced experience of their anti-torture monitoring mechanisms, to abolish forced confession. This paper is divided into five parts:The first part discusses definition and performance of forced confession. Here I want to give people the basic understanding of forced confession around us by introducing three cases about Huugjilt, GengrongXu, DuPeiwu.The second part discusses the hazards of forced confession. Forced confession and human rights are bound together inextricably, forced confession violated people's dignity seriously, and also violated right to health and right to life. By analyzing the seriously damage forced confession have caused, we see the huge contradictions between them,so that the protection of human rights become an important proposition in our life.The third part discusses the reasons of forced confession. Mainly from the ideology,the design of the legal system and monitoring mechanisms to analyze, in order to provide an objective basis for offering solutions.The fourth part discusses the domestic and international legislation of abolishing forced confession. This section introduces the United Nations' Convention against forced confession, and the EU's anti-torture mechanism-- the European for the Prevention of Torture?the European of Human Rights and the Committee of Ministers.To provide reference for our legal perfection.The fifth part is some thinking about how to abolish forced confession. Based on the theoretical research in the previous parts, combined with the international judicial practice, I makes some suggestions: to establish the Committee for abolishing forced confession, make an inspection tour of detention places and enlarge lawyer's right to interfere. Through establishing an effective supervision mechanism, we hope to reduce the forced confession.Through the summary of the full text, I believe that in order to abolish forcedconfession, we must base on the protection of human rights. We should learn from the legislative experience abroad and re-examine our legal system, improve our system to achieve the purpose of protection of human rights, abolish the forced confession.