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Torture undermines the legitimacy of the basic exercise of power under the democratic system

Author: DingXiaoQiong
Tutor: TangLinJun
School: East China University of Political Science
Course: Legal Theory
Keywords: extortion confessions by torture jurisprudence right power Check justice
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 60
Quote: 0
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Abstract


Extortion confessions by torture always been (whether in China or western countries) there, and until today, it is still a major challenge facing judicial circles in each country. If conduct rational thinking and analysis on extortion confessions by torture, we will find that extortion confessions by torture is a complex phenomenon, and its prevention is not a simple question, that is, the implementation of a legal system only is impossible to combat extortion confessions by torture, but it should be a systematic project. This article is not intended to put the center on the establishment of legal system to curb extortion confessions by torture in the short term, but starting form the case of“Zhaozuohai”, analyzes the concept, contents, causes and hazards of extortion confessions by torture from a legal point of view, and hoping to put forward some solutions for the problem from the angle of adjusting the judicial concepts and from the aspect of protecting human rights and strengthening procedural governance.This article consists of three parts: introduction, main body and conclusion, and enters into six chapters. Chapter 0ne introduces and analyzes the case of“Zhaozuohai”; Chapter two describes the basic understanding of extortion confessions by torture, including concepts, characteristics and the relationship between extortion confessions by torture and unjust, false and erroneous cases; Chapter three surveys and examines the phenomenon of extortion confessions by torture and points out that extortion confessions by torture undermines the legitimacy of exercising investigation right, and it is the product of authoritarian and authority litigation which is contrary to the requirements of rational process and humane, although it has certain significance to come cases, but there is no universal meanings, and it is also not conducive to achieving substantive truth; Chapter four discusses extortion confessions by tortures in the history of China and points out that the phenomenon of extortion confessions by torture has deep historical roots and complex connotations, but not only a simple judicial phenomenon, and it always been suffering from the impacts of litigation cultures which is the reason for longer existence of extortion confessions by torture and difficult to govern; Chapter five describes the phenomenon of extortion confessions by torture in China, and a series of investigation showed that in our country the situation for extortion confessions by torture is still grim, and analyzes the objectivity and inevitability of the existence of extortion confessions by torture phenomenon. Chapter six describes the way to curb extortion confessions by torture, first introduces related systems abroad to curb extortion confessions by torture, such judicial control system on investigation right, the system of the right to remain silent, etc. and then, puts forward that the key to curb extortion confessions by torture in China is to reform the existing judicial system, and later proposes some suggestions from the perspective of judicial system reform, hoping to govern the issue, or to curb this phenomenon from the aspect of procedure or system.

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