A New View On The Subject Of The Crime Of Extorting A Confession By Torture

The crime of extorting a confession by torture is a traditional crime that provides for the violation of the personal rights and democratic rights of citizens in the criminal law.Its normative purpose is to protect the personal rights of citizens subject to criminal investigation from illegal violations and prevent abuse of judicial power.However,with the reform of the supervision system and the promulgation of the "Supervision Law",the people's procuratorate's anti-corruption and anti-blasphemy job crime investigation agencies have been transferred to the post,and the duty crime investigation function has been adjusted to the supervisory commission's supervision and investigation of job crimes.Some mechanisms for the normal operation of judicial power pose new challenges.In the current theory of criminal law,the subject of the crime of extorting a confession by torture is "judicial officer",and the occurrence of duty crime supervisory investigators from criminal law theory was unexpected.Therefore,in the context of the reform of the supervision system,it is necessary to rethink the subject of the crime of torture by torture.From the perspective of "Law and law convergence",the inclusion of duty crime supervisory investigators into the illegal subject area of ??the crime of extorting a confession by torture is an important aspect of realizing the connection between the "Supervision Law" and the "Criminal Law" entity.In essence,the inclusion of duty crime supervisors and investigators into the scope of the subject of torture by torture is conducive to preventing the abuse of the right of supervision and achieving a balanced punishment.It is also an inevitable conclusion that China abides by the UN Convention Against Torture treaty obligations.Formally,the duty crime supervisor and investigator belongsto a very special type of "judicial staff",who assumes a "investigation function" in a broad sense.It is entirely possible to interpret personnel engaged in duty crime supervision and investigation as "staff members who bear the four duties of investigation,prosecution,and supervision"-"judicial staff." Therefore,the crime of extorting a confession by torture should be and can be established by duty crime supervisory investigators.This article consists of five parts.From the perspective of the connection between the Supervision Law and the Criminal Law,it focuses on the changes brought about by the reform of the supervision system.On this basis,it discusses the necessity and feasibility of the reinterpretation of the subject of torture by confession.The first chapter expatiates and briefly summarizes the criminal law provisions of the subject of the crime of extorting a confession by torture.Emphasis is placed on the traditional view of the subject of the "judicial staff" in the current criminal law theory,analyzing the uncertainty of the subject provisions of the crime of extorting a confession by torture,and laying the groundwork for the subject of the crime brought by the reform of the supervision system described below.The second chapter,based on the concerns of the academic community,raises questions,and the reform of the supervision system also has the risk of unavoidable torture.This article mainly introduces the reform of the supervision system,points out the possible risks of torture by confession by duty crime supervision and investigation,and raises questions about how to regulate the torture of confession by torture crime supervisors and investigators.The third chapter expands the analysis perspective of the connection between law and law.It traces back the theoretical focus formed by the connection between the highly regarded "Supervision Law" and the criminal procedure,and demonstrates the reason why the "Supervision Law" and the Criminal Law as a secondary law must be connected.The crime of extorting a confession by torture is directly related to the freedom of personal rights of citizens.The reinterpretation of the "judicial staff" as a representative is an important aspect of achieving convergence.The fourth chapter systematically explains that the supervisors and investigators of duty crimes should be the subject of the crime of extorting aconfession by torture.From the point of view of necessity,any right should be bound.The power of supervision should not be limited,and the criminal law should regulate the power of supervision;only in this way can it maintain the balance of punishment.From the perspective of the United Nations Convention against Torture,any act of torture should be punished Criminal law punishment.From the perspective of feasibility,the provisions of the Criminal Law on "judicial staff" do not preclude job crime supervisory investigators from being included in the scope;the text of the "Supervision Law" refers to the investigators as the "suspected job crime" This also confirms from another perspective that the duties assumed by the duty crime surveillance investigators are a special type of investigation duties.The fifth part is the conclusion.After a brief review of the analysis of the full text,it is concluded that the duty crime supervisory investigator should belong to the category of the subject of the crime of extorting a confession by torture.