Inquisition By Torture On Prevention

Torture to extract confessions is banned repeatedly more than, seriously hindered the process of socialist rule of law in China, to our country the public credibility of the judiciary and judicial authority caused irreparable damage.The author thinks that the torture to extract confessions refers to the state personnel through the use of corporal punishment, disguised corporal punishment, punishment way spirit torture the criminal suspect, defendant or other people's body and spirit, a kind of cruel behind interrogation tactics to get confession.Caused by the reasons of repeated torture to extract confessions is divided into social history reason and system reason. The social history reason mainly has:the traditional collective ideological supremacy, disgust to litigation, fear v. thought far-reaching influence; the oral confession is evidence of the king thought and feudal torture remaining thought. The main reasons are:from the system for investigation, certificate path presumption of guilt mindset, truthfully answer obligations negative, right to silence in the process of legal interrogation adversely supervision, illegal evidence exclusion rules used improperly, detects detains the integration system of the malpractice, accountability effort shave limitedTorture torture victim, supply are causing great harm at the same time, but also seriously damage the judicial authority, to reduce the people's faith in law, more make the protection of human rights in China by international social criticism.In the analysis of the causes and harm of torture to extract confessions, the author put forward his own for measures to curb torture to extract confessions, mainly has two aspects, one is to improve the legal system, to prevent torture to extract confessions, mainly include: limiting confession effect, creating the system of the right to silence Co.; improve the exclusionary rule of illegal evidence; give full play to the role of lawyers in the in criminal cases; the establishment of sound and video recording system; improve the accountability efforts; the establishment of surveillance system for charge separation system. On the other hand, is to enhance the quality of the investigators, and fundamentally prevent torture to extract confessions, mainly include:to strengthen the investigation personnel training and the establishment of incentive mechanism of scientific and perfect.