A Legal Sociological Study Of Torture To Extract A Confession

The phenomenon of extorting confessions by torture has been accompanied the evolution and development of history for a long time.It is the culprit of unjust cases,which can not be tolerated by the civilized society under the rule of law,for it's violating the concept of human rights protection,challenging the legal authority,trampling on the personal rights of the coerced confessions.Although theorists and practitioners have made a lot of efforts to extorting confessions by torture and put forward a large number of containment measures,torture still occurs.For the viewpoint of current research situation,many research results on extorting confessions by torture are carried out from the perspective of legal norms.There's no question about the perspective,because the phenomenon of extorting confessions by torture is a serious legal phenomenon,its generation is indeed related to the harmonization of various factors in the field of legal norms.Not only is the phenomenon of extorting confession by torture produced in social life,but also a serious social phenomenon,which is the result of interaction and influence of many factors in the social field.So when we study the problem of extorting confession by torture,we can analyze it from a new perspective of sociology of law,rely on the theory of sociology of law to solve the mystery of repeatedly prohibiting extorting confessions by torture,and provide new countermeasures to curb extorting confessions by torture from the perspective of sociology of law.From the perspective of sociology of law,this paper studies the issue of extorting confessions by torture by applying the theory of ecosystem in sociology of law.From the structure arrangement of the article,the significance of this paper is clearly defined first,and the research results at home and abroad are summarized,the existing research results are fully affirmed,and the research methods and innovation of this paper are expounded.The main body of the article is composed of four parts: The first part is the summary of the law sociology of extorting confessions by torture.In this part,it mainly expounds the phenomenon,concept and characteristics of extorting confessions by torture,and the relevance of the ecological system theory to the study of extorting confessions by torture.Taking the case of "killing the wife" by the police Du Peiwu of Kunming,Yunnan Province as an example,we can find out the view of the ecosystem theory on torture;The secondpart is the investigation and statistical analysis of the cognition of the factors related to the extortion confessions by torture.In this part,it first expounds the analysis framework and theoretical hypothesis of the investigation and statistics,the basic methods and implementation of this investigation,and the results of the investigation and the investigation and analysis,so as to reveal the cognition of the police to torture;The third part is the police torture ecosystem theory analysis,being made in-depth analysis,respectively from the micro level of individual interaction,medium system level inside the police "deadline to solve" commands and indulge,poor appearance of procuratorial organs supervise system level,the history of the macroscopic system level,the system,and the influence of culture on the impact of torture;The last part is the discussion of the countermeasures of extorting confessions by torture.From the micro system level,it strengthens the construction of investigative ability and the general law of the masses.At the meso system level,it establishes the corresponding system,the improvement of the internal working mechanism of the criminal police.At the appearance system level,it strengthens the supervision of criminal interrogation,implementing procuratorial organs' supervisory power,putting forward four countermeasures on the macroscopic system level,and paying attention to the construction of the rule of law culture.