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Research On Legislation Against Torture In Contemporary China

Posted on:2021-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:N N FeiFull Text:PDF
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With the awakening of human rights awareness and the rise of the human rights movement,the legal cloak of torture has been removed,and people have embarked on the long road of prohibiting torture.The international community has signed a series of treaties against torture,defining the connotation and extension of torture.According to the 1984 "convention against torture" regulation: defines torture as for intelligence or purpose of the confession to a person or a third party,or for the purpose to intimidate or threaten him or a third party or because of him or a third party or suspected of behavior made him out of the purpose of punishment,or for any kind of discrimination of any reason,in the case of deliberate any cause someone or a third party in terms of physical or mental suffering from severe pain or suffering,exercise their functions and powers of identity is required by a public officer or to the official caused by or in its instructs,to the rest of the consent or connivance of the pain or suffering.It does not include mental or physical pain or suffering caused solely by,inherent in,or incidental to legal sanctions.In practice,there are various manifestations of torture in China,including certain ideological and social factors,the low quality of law enforcement personnel,the lack of awareness of human rights protection,and the lack of sound supervision and restriction mechanism.In recent years,our government attaches great importance to the issue of torture and has made great achievements in the field of prohibiting torture,which is manifested in further improving the domestic legislation against torture,actively participating in the conclusion of international treaties against torture and international activities against torture.However,needless to say,the practice of law enforcement and judicial torture still exists,repeatedly prohibited.How to effectively eliminate the crime of torture and improve the credibility of our law enforcement agencies is a research topic in the new era of socialism.Therefore,in order to better protect human rights and narrow the gap between China's domestic legislation and the provisions of the convention against torture,it is suggested to further improve the relevant provisions of China's criminal law,criminal procedure law and other administrative legal systems,so as to provide a strong legal guarantee for China to comprehensively curb torture.It is believed that with the efforts of generation after generation,with the development of society and the improvement of law,torture will eventually be eliminated.
Keywords/Search Tags:Torture, The Crime of Torture, The Convention Against Torture, The Status of Domestic Legislation, Human Rights Protection
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