Legal Fiction And Legal Regulation From The Perspective Of Extorting A Confession By Torture Causes Death

The criminal code of criminal law has 247 th articles and second paragraphs to extort a confession to cause disability and death.In accordance with the crime of intentional injury and the conviction of the crime of intentional homicide,the stipulation or attention should be made to interpret it.There are different disputes in the theoretical circle,and even in the practice of judicial trial.The court affirms that the murder intentional for the necessary attention stipulates that the court of legal system of the crime of intentional injury(causing death),which supports the serious consequences of the death of the victim rather than the subjective consciousness of the perpetrator,is found to be sufficient for the death of a person in the process of extorting a confession by torture.Constitute the crime of intentional homicide.Because the first half of the clause is not fully compatible with the constitutive requirements of the crime of intentional injury and intentional homicide,it has the characteristics of the constitution of the drafting rules,and the reasons for the relevant criminal policy for its legal drafting.However,if the criminal negligence is intended to be a criminal intent,the crime of negligent crime is a deliberate crime.In essence,there is a deviation from the principle of a legally prescribed punishment for a specified crime and a departure from the balance between crime and punishment.Because its provisions are not very clear,there are deviations in the application of judicial practice.The 247 th article and the second paragraph of the criminal law shall be interpreted in a deeper,scientific,reasonable,regular and appropriate way.In order to obtain the public identity as much as possible,in order to maintain the basic principle of criminal law as the primary condition,it emphasizes the main tone of the law and punishment of crime and punishment,in order to strengthen the legal benefit protection function of the criminal law,and follow the criminal policy of Temper Justice with mercy,and make a concrete and typed analysis of the act of extorting the confession by torture to death.Strengthen the consistency of subjective and objective theory.Specifically,the second paragraphs of the 247 th article of the criminal law should be reinterpreted,so as to strictly uphold the principle of following the legality of crime and punishment and the principle of adaptation to crime and punishment,andto explain the provisions reasonably.It is suggested that the regulation of the crime of illegal detention is guided by the 238 th provisions of the criminal law,and the rationality of the rules should be strengthened.It is clear in legislation that the different criminal elements should be punished differently by defining the different subjective offense and the different degree of the subjective malignancy.In order to adapt to the different plot of the crime,the 247 th ways of combining the two cases(aggravated result and conversion offense)are used to meet the different crimes,that is to say,in the case of the person's death caused by the negligence of the perpetrator,with the result of the crime.And the implementation of violence beyond the basic acts of intent and death,directly converted to intentional homicide.Or,guided by the substantive principle of legally prescribed punishment for the crime of extorting the confession by torture,it is easy to say that,under the circumstances of the death of the extortion of confession by torture,the interrogation is the result of the death caused by the criminal negligence,and the interrogation undertakes the imaginative concurrence of the death of the criminal and the crime of extorting the confession by torture,and chooses a crime,and ultimately constitutes a fault.The crime of death.