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The Research on the Control of China’s Anti-torture Issue in Law

Author: LiZhenJie
Tutor: MouRuiZuo
School: Northeastern University
Course: Constitutional and Administrative Law
Keywords: Torture The protection of human rights The control in law
CLC: D917
Type: Master's thesis
Year: 2009
Downloads: 68
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Abstract


The object of torture is a direct violation of people’s physical or mental, which are important human rights. The personal freedom of the People’s Republic of China’s citizens is not infringed. Unlawful detention or otherwise deprived of personal freedom or restriction of citizens is forbade. The body of citizens is protected by fighting with unlawful search. Insult, libel, false framing on citizens by any way is prohibited. Therefore, curbing torture is a way in protecting human rights, which is fulfill the spirit of the protection of human rights of the Constitution. However, there are still some shortcomings on our country’s anti-torture issue. Therefore, it is necessary to study further to arouse the attention of the theory and practice of the profession and to be extensive in-depth research and effective application.This paper consists of three parts:the introduction, body, the conclusion. The introduction is part of the first chapter, largely on the background and significance of research, literature review, research methods and innovation; the conclusions is part of Chapter VII, pointing out the content and limitations of the paper, emphasizing the requirement of the further studies of the protection of human rights through the containment of torture; the body is a major part of the article, II, III, IV, V, VI.Chapter II is an overview of torture, in which there is an analysis of the different understanding of the concept of torture and the nature of torture.Chapter III is the significance of anti-torture on the protection of human rights. There are many degrees on the analysis of the significance of anti-torture on the protection of human rights in this chapter, such as preventing the parties from physical and mental health damage, the prevention of miscarriage and is conducive to a harmonious society as a whole.Chapter IV is the status quo of China’s anti-torture issue and the analysis of reasons for crime. In this chapter there is a introduction on the legislation of China’s anti-torture and measures. It summarizes the performance of contemporary forms of torture in China, and then the main reason for the existence of torture in China is analyzed.Chapter V is the international consensus against Torture and its Implications for China. This chapter discusses the international human rights conventions on torture and the negative attitude of the relevant international anti-torture and the role of oversight bodies, namely introduces the legislation on torture of Germany France the Russian-British-Dutch Hungary and the United States, from which we should learn.Chapter VI is a number of thinking on the control of China’s anti-torture in law. The author put forward some constructive practice from the legislation of perfect the punishment of torture crime, enforcement, publicity and education for the protection of human right to curb the occurrence of torture.In a word, the paper that goes at the basis existed; this article seeks to have been the basis of the study, through further profound and systematic study to combine the reality of human rights in our society contributes to its own harmony.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminology
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