Dissertation > Excellent graduate degree dissertation topics show

Study on the measures to curb torture to extract confessions

Author: HaoZuo
Tutor: QiJianJian
School: Graduate School of the Chinese Academy of Social Sciences
Course: Law
Keywords: Extort Confessions by Torture Lawyer Presence the Right toSilence Illegal Evidence Exclusion Countermeasure Research
CLC: D925.2
Type: Master's thesis
Year: 2012
Downloads: 447
Quote: 0
Read: Download Dissertation


From ancient times to nowadays, extort confessions by torture has changed from “legalactivities” in traditional society into “illegal activities” in modern society, but it stillexists in modern legal society and repeated itself again and again. As one of the mostsavage and the most cruel activities by human being, extort confessions by torture notonly tramples on the human rights but also challenges to the judicial justice seriously. Inrecent years, the whole society requires to forbid extort confessions by torture in unjustfalse and wrong convictions in which the police use cruel methods and lead to seriousconsequences. All of these cases make people tremble with fear. Based on the abovestatement, it is important to discuss the countermeasures and methods of forbiddingextort confessions by torture, and the discussion has great realistic and theoreticsignificance. The article has four chapters as follows:Chapter1is the definition of the extort confessions by torture.The current theory and practice fields have no clear common view on the definitionof the extort confessions by torture. The author makes the analysis respectivelyaccording to the different understandings to the extort confessions by torture of somescholars and relevant specialists. From the reality of the current legal practice, I proposethe new cognitions and views for the definition and characteristics of the extortconfessions by torture and distinguish the Extort Confessions by Torture and the crueltorture according to The United Nations Convention against Torture.Chapter2describes the current situation and the harms of the Extort Confessionsby Torture.From the relevant statistical data, it is easy to learn that current situation of theExtort Confessions by Torture is very severe. By analyzing the harms to individuals,state and procedural justice caused by the Extort Confessions by Torture, the authorcomes to a conclusion on the importance and emergence of the prohibition of the ExtortConfessions by Torture.Chapter3is the statement of the causes of Chinese Extort Confessions by Torture.By comparing the deep roots of the Extort Confessions by Torture in China andwestern countries, the author analyzing the history reasons, subjective and objective reasons and legal reasons of Extort Confessions by Torture in our country, and pointout that the Extort Confessions by Torture is still occurred frequently. In addition to theinfluence of the feudal society legal system, the Extort Confessions by Torture arecaused by many reasons including the imperfect legal system in our country and poorsupervision of relevant departments.Chapter4is the systematic statement of the effective countermeasures against theExtort Confessions by Torture.Through the western experiences, judicial official are required to improve theirown legal practice constantly, strengthen the law consciousness, safeguard the legalrights of suspects and defendants and so on, so that set forth the requirements ofenforced political education and updating the legal consciousness to judicial staff.Based on some principles including the establishment of custody and detectionseparation system, making clear the principle of the presumption of innocence and adoption ofillegal evidence exclusion, setting up the perfect legal system are required. Perfection ofsupervision and relief system should be executed from the perspective of strengthenjudicial investment, enforcement of punishments and construction of damagescompensation system and so on.Based on the study and reference on the basis of the relevant document literature,by comparing the China and western experiences, new and old methods, this articleexplores and researches the solution of methods and ways and appeal to everyoneinvolved in the “battle” which aid to “crusading against” the extort confessions bytorture, so that can eliminate the extort confessions by torture as fast as possible.

Related Dissertations

  1. Research on Current Situation and Development of China’s E-Government,D630
  2. On Torture and its containment,D925.2
  3. Analysis of the Country Illegally from the Rules of Criminal Evidence of the Present Situation and Build,D925.2
  4. Research Countermeasures and Problems on Rural Passenger Safety of Chenzhou City,F542
  5. The Procuratorial Organ to Carry Out Illegal Evidence Exclusion Rules of Obstacles and Problem Research,D925.2
  6. Study Onapplication of Proof Standard in Criminal Case,D925.2
  7. On the illegal evidence exclusion rules,D925.2
  8. Attorneys’ Right in Criminal Detection Behavior,D925.2
  9. On the legal measures to curb forced confessions,D925.2
  10. On the United Nations Criminal Justice Standards Applies Protection of Human Rights and Development,D925.2
  11. Establishment of the Concept of Illegal Evidence Exclusion Rules,D925.2
  12. On the administrative proceedings illegal evidence exclusion rules,D925.33
  13. Excluding illegally obtained evidence in the Criminal Procedure Rules in China Construction,D925.2
  14. On the American academic circles Empirical Study of the Exclusionary Rule,D915.13
  15. The Research of the Exclusionary Rule of Illegal Evidence in Chinese Criminal Procedure,D925.2
  16. Civil action illegal evidence exclusion rules research,D925.1
  17. Research on Condition and Countermeasure of Rural Land Circulation of Longyan,F321.1
  18. The Study on the Right of Lawyers-on-site in Investigation and Interrogation.,D926.5
  19. Construction of the Exclusionary Rule of Illegal Evidence in China,D925.2
  20. Exclusionary Rule of Illegal Evidence in China,D925.2
  21. On the two provisions established exclusionary rule,D925.2

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net  Mobile