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A Comment on Singapore’s Caning

Author: JiangLingShen
Tutor: YangKaiXiang
School: Central South University
Course: Criminal Law
Keywords: Singapore flogging Applicable system Confucianism Torture The purpose of punishment '
CLC: DD914
Type: Master's thesis
Year: 2010
Downloads: 145
Quote: 2
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Abstract


Singapore flogging highly controversial at home and abroad , this penalty misunderstood a lot . By induction on the the whipping system 21 laws of Singapore and combing can be found in Singapore flogging as a supplementary punishment over a hundred years of development , has formed a perfect system of application and implementation of the system , and rich era of color , in the application of the main law applicable crimes , the applicable limit , discretionary system are clear and detailed , in the implementation of the program were humanitarian improved regulation has detailed protection measures and strict procedures different from international law , in essence , torture. Singapore Select flogging has deep roots in the ideological foundation of Confucianism is not a whipping the original ideological factors exist , but the real ideological basis - \carrier ; legal basis , the Singapore caning inherited penalty in the colonial period , but also by the influence of the Muslim customary law , in line with the law of inheritance law , there is no violation of the provisions of the Constitution ; the basis of international law , there is no international convention against torture or the Treaty constrained Singapore whipping , and the whipping system in Singapore is not with the current anti - torture conventions or treaties , customary international law , general principles of law in conflict . The substance of the dispute about the whipping system in Singapore is still a conflict between the penalty two basic stance . Factors have led to the penalty of Singapore favoring the purpose of punishment ' retribution ' in Singapore is facing a huge dilemma , principal penalty failure , the situation is grim crime makes whipping in Singapore to re- expansion . Whipping system has the particularity of Singapore , the solid foundation of the rule of law , is the huge success of the root causes of flogging in Singapore , and other countries should not blindly imitate .

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