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On the causes of torture and containment measures

Author: XuFengHua
Tutor: WangYang
School: China University of Political Science
Course: Legal
Keywords: Torture Harm Reason Containment measures
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 440
Quote: 2
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Abstract


Torture and long-standing problem in China more than 2,000 years of feudal society, \However, this evidence means often cruel, inhuman, is a serious violation of human rights, endanger the course of justice, and China has signed the International Covenant of Civil and Political Rights prohibited. With the establishment of our democratic society and the rule of progress, China pay more attention to the protection of human rights, in a series of laws explicitly prohibit torture, torture has decreased significantly. In recent years, however, the judicial practice in China because of the injustice caused by torture a series of a constantly Exposure: far the Yunnan Du Peiwu \wrong case, nearly suffered a miscarriage of justice in the disaster 11 years Zhao Zuohai. Since the founding of New China, China has been committed to the prevention and combating of torture, why torture is still justice \the facts of the case as a means of legal existence of more than two thousand years, \first \Objective conditions, a small number of investigators professional quality is low, the investigation of scientific and technological means and equipment behind, coupled with a small number of investigators, in a large number of criminal cases under the pressure of torture to extract confessions as to solve the case \In addition, the suspects, the rights of the accused in the legal system of procedural safeguards oversight and investigative organs oversight system is imperfect, but also for the existence of torture the presence of space. Therefore, to curb torture must eliminate the traditional concept, firmly establish the concept of respect for and protection of human rights. Second, to curb torture can not be separated from the advanced detection technology, equipment, must increase judicial invested, provide a strong material backing for the investigation. Finally, we need to constantly improve the relevant rules, institutions, with the legal means to effectively curb the phenomenon of torture. Text by introduction, body, conclusion and Acknowledgements four parts. The text is divided into three chapters. The first chapter introduces an overview of the torture. This paper introduces the concept of torture to extract confessions from the analysis of extorting confessions by torture in the country's development history, current situation and hazards, to arrive at the need to curb torture. Chapter II of the reason for the existence of torture from three aspects. As mentioned above: thinking, the objective aspects of the causes and the legal system defects. Analysis of torture is not only a legal phenomenon, is also an objective social phenomenon, a wide range of causes of torture in China's judicial practice still exist in varying degrees. The third chapter discusses measures to curb torture. This chapter combined with the actual situation of China's judicial practice, the reason for the existence of torture, respectively, from the ideological aspects, three aspects of the objective and the legal system proposed containment measures to reduce or even eradicate torture.

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