Font Size: a A A

Torture And Prevention Countermeasures

Posted on:2019-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2416330542495166Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Extorting a confession by torture is a forbidden zone in the laws of various countries,but it is like a stubborn illness.His long-term treatment failed to heal.Although the national legal consciousness gradually increased,the confession by torture was still active in the judicial proceedings in China.It was only that the relevant offenders were More than a measure than the previous scale,and were not as serious as the unjust or wrong cases caused by confessions by torture.The social consequences.This is contrary to our country's vision of vigorously strengthening the legal system.It has a great harm to our country's comprehensive advancement of the rule of law and the construction of a socialist country ruled by law.We must sound an alarm bell.Through the study of relevant cases and laws,the author finds that there are many reasons for the occurrence of unlawful acts of extorting a confession by torture.Under the multiple stimulations of historical culture,concept influence,institutional imperfections,lack of legislation,and subjective and objective conditions,confessions by torture The inevitable is still present in our country's current judicial environment.Unlike ordinary crimes,it not only infringes on the legitimate personal rights of citizens,but also affects the normal judicial process in China.This violates the original intention of China's Criminal Procedure Law to fight crimes,protect human rights,and safeguard social stability.Through comparative analysis,the article combines the history of torture and confessions in China's development and governance,sums up experience,finds deficiencies in China's past governance measures,and then applies countries that have excellent ideas and achievements in foreign criminal procedure systems.Learn and find our country's gaps in its legislative philosophy and judicial practice,and learn and learn from its advanced legal systems.Fully consider the basic national conditions in China at this stage,respect the objectivity of China's legal development and social environment,establish a strict accountability mechanism and remedial measures,and make reasonable supplements to lawyers' participation in litigation procedures and audio and video systems,and put forward feasible systems and legislation.Improve methods.Strive to stop it from the source,actively manage and supervise it in the process,and properly perform compensation and remedy afterwards.For our country's criminal procedure in the future to bid farewell to torture and confessions to provide a little shallow advice.
Keywords/Search Tags:confessions by torture, privilege of silence, System
PDF Full Text Request
Related items