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On the legal measures to curb forced confessions

Author: LuKe
Tutor: MaChunJuan
School: Zhengzhou University
Course: Legal
Keywords: criminal procedure extort confessions by torture torture counter measure
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 66
Quote: 0
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Abstract


In modern society,the criminal procedure has become more and more civilized,democratized and scientized.Although extort confessions by torture have already abolished by most countries of the world,the brutal method does exist secretly or in other disguised forms.Thus,they made endless unjust cases,which greatly weaken the authority of judicial system.And what’s more important,people will worry about their legal rights being infringed by public power all the time.So extort confessions by torture must be banned totally.The witer defines extort confessions by torture,analyses its features,points out its danger to social stability and safety,and analyses the reasons that why extort confessions by torture remains incessant after repeated prohibition.To solve the problem,the writer gives some measures to prohibit extort confessions by torture.The essay includes four parts.The first part is about the definition and the features of extort confessions by torture.The writer analyses the definition of extort confessions by torture,then analyses its features, and then points out that extort confessions by torture must be banned.The second part is about the danger of extort confessions by torture.The writer points out its danger to social stability and safety.It violates basic principles of constitution; it violates human right,and causes misjudged cases;it damages the image of judicial justice seriously.The third part analyses the reasons why extort confessions by torture remains incessant after repeated prohibition.It has many reasons,including lacking of many relational systems,light punishment and so on.The forth part gives some measures to prohibit extort confessions by torture.For example, establishing the doctrine of the persumption of innocence, and no person can be forced to give evidence which may incriminate himself,and strengthening punishment.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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