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Study On The Problems And Improve The Inquisition By Torture Crime Legislation

Posted on:2017-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2336330512454794Subject:Law
Abstract/Summary:PDF Full Text Request
Extorting a confession by torture is a typical manifestation of the abuse of judicial power, the great violated the human rights of criminal suspects and defendants, to the detriment of the judicial authority? Extorting a confession by torture sin is from the meaning of criminal law determine the judicial staff abuse of judicial power behavior of the crime, in order to achieve the protection of criminal suspects and defendants, the right? In the criminal procedure, criminal suspects and defendants due to is placed in a disadvantageous position, facing the powerful national judicial machines are often difficult to resist, judicial staff invasion phenomenon of criminal suspects and defendants, the right common occurrence? Establish and improve the inquisition by torture crime suspect and the defendant to guarantee the right to provide effective legal weapon? But on the behavior of inquisition by torture cognizance, punishment and other related issues, there is a big controversy in theory and practice? Therefore, in this paper, we study torture a confession by torture, comprehensive review of the crime of extorting a confession by torture related theoretical and practical problems, and to solve the problem of providing effective reference?To study the inquisition by torture related problems, this paper mainly launches the research from the following four parts: the first part is to research on related problems of inquisition by torture, this article mainly launches the research from the following four parts: the first part is introduction, this part explains the concept of the inquisition by torture, mainly from the angle of the theory of constitution of crime are discussed inquisition by torture crime, and from the perspective of historical evolution of the inquisition by torture are described from legal to illegal process, which makes the full material? The second part is on the current criminal law of our country in detail elaborated on the relevant provisions of the crime of torture to extract confessions, the main part of the legislative history, from the "criminal law", "Criminal Procedure Law" and the "constitution" of the relevant provisions to the basic elements of the crime of torture to extract confessions? Mainly reflected in the following five aspects: the subject of crime, object of crime specific specific and subjective purpose specific, objective behavior and the generalization of the transformation violates the provisions for detailed discussion of this part, help us to further understand the characteristics of the crime of torture to extract confessions, the article conducted a comprehensive analysis on the inquisition by torture crime understanding? The third part is to discuss the crime of torture to extract confessions are insufficient and the difficult problem of the current criminal law, from the subject of crime, object of crime and related issues on the inquisition by torture crime problems, and discusses the mental torture inquisition by torture can constitute transformation problems, inquisition by torture? The fourth part is the suggestions to improve the legislation of the crime of torture to extract confessions, opinions on the subject of the crime of torture to extract confessions and object expansion and proper adjustment of legal punishment and to discuss the treatment of transforming crime? Through the above comprehensive, which is helpful to solve the related problems of the crime of torture to extract confessions?...
Keywords/Search Tags:Inquisition by Torture, Constitutive Elements of Crime, Judicial Cognizance, Legislation Perfection
PDF Full Text Request
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