On The Causes And Preventive Measures Of Inquisition By Torture In Our Society

Inquisition by torture,seems to grow into an illegal status in modern society,although it was legal in the feudal society.It is still difficult to eradicate it resolutely.Inquisition by torture,not only infringes upon the human rights of the criminal suspected persons and the accused,but also causes a huge amount of unjust or wrong cases,having bad influence upon the authority of judicial organs.The 18 th CPC National Congress has figured prominently on ruling the country by law which has been brought into the discussion of major national issues.Under the guidance of the theory of ruling the country by law,in order to reduce the amount of miscarriages of justice,inquisition by torture must be abandoned in the judicial practice,thus the basic human rights of the criminal suspected persons can be guaranteed.Public right can be a double-edged sword.The intelligent use of public right in the area of criminal litigation can protect the basic human rights of the criminal suspected persons.Based upon the current situation of judicature,the writer of this thesis will expound the causes and preventive measures of inquisition by torture in the following three aspects.Firstly,through a comparative analysis of the definition of inquisition by torture defined by different scholars,the write elaborates on the conception and feature of inquisition by torture,and summarize the current situation of inquisition by torture.Combining with the analysis of the hot wrong cases,the writer also analyzes the dangers caused by inquisition by torture.Secondly,the paper addresses on the causes of inquisition by torture from the following four aspects,which are the influences of the traditional ideas,the imperfect status quo of lawsuit system,the defects in the legislative field,the existing problems in the judicial field.Through an analysis of the dangers and cases of inquisition by torture,it can be seen that restraining inquisition by torture is a long-term and arduous task which needs to take comprehensive measures into consideration.Finally,the paper also puts forward the countermeasures of inquisition bytorture,including the establishment of socialist concept of law,the improvement of the lawsuit system in a deep level,the perfection of the relative legislation against inquisition by torture,and the creation of a good judicial environment.