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On the criminal legal measures to prevent torture

Author: ZhaoLei
Tutor: RuanQiLin
School: China University of Political Science
Course: Legal
Keywords: Torture Prevention Criminal law Code of criminal procedure Measure
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 396
Quote: 1
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Abstract

Since the establishment of New China , China has prohibited torture, clearly defined in the Penal Code and the corresponding punishment to the crime of torture , but the behavior of the judicial practice of torture has never been interrupted , for civil rights , and the rule of law in the normal judicial activities and the development of human rights cause great harm , so that China's international image is also adversely affected. Supreme People's Procuratorate , Ministry of Public Security , the Ministry of Justice have introduced measures against torture and criminal conduct special rectification, and focus their attack , but the effect is not obvious , you can not effectively prevent acts of torture and regulation. I Feeling great harm torture , torture indignation at our law ineffective regulation , then submitted the text of the field of criminal law measures can effectively prevent torture , hoping for our country improve relevant laws and regulations to provide reference . This paper is divided into three chapters , the main contents are as follows: The first chapter briefly describes the current situation of torture and harm . Pointed out that the current situation of fairly severe torture , torture has become an obstacle to the development of the rule of law and human rights cause a major obstacle , it must attach great importance to take effective measures to methods and combat . From the individual, national and legal career development perspective of the three great dangers of torture , analyze the necessity of prevention against torture . The second chapter describes aspects of our country in the prevention of torture penal measures should be taken . In the field of criminal justice advocates increased Offense criminal law applicable efforts, suggested Offense included offense of obstruction of justice , emphasizing the order of destruction of judicial torture , and the rational allocation of punishment to the crime of torture , to give into guilty settings , drawing on experience of other countries according to the seriousness or severity of the results of different settings there are other penalties , the crime of torture is defined as plot or consequential offense . Chapter III for the effective prevention of torture and systematic exposition of the criminal justice system should be carried out construction and improvement . Mainly from the enhanced rights of criminal suspects , restrictions investigative powers and the establishment of illegal evidence exclusion rule three angles start in enhancing the rights of criminal suspects , advocates not to be compelled to establish the principle of self-incrimination , right to silence , and given the suspect interrogation the right to request the presence of counsel , in order to enhance the suspect, the protection of legitimate rights and interests ; limited investigative powers , recommended the adoption of clearly defined principles of the presumption of innocence and due process , the implementation of surveillance charge separation , to ensure neutrality of detention facilities and the establishment of rigorous investigation interrogation rules , the implementation of the whole interrogation synchronous recording and other measures to effectively regulate investigative powers to ensure that investigators exercise their investigative powers , and to prevent torture and other illegal acts ; regime in evidence , it should be through the establishment of a strict exclusionary rule of torture to force the evidence to be excluded can not be taken as a basis , in order to cut off some investigators rely on torture conviction detection means so that the judicial prosecution authority inherent power loss torture , real torture to achieve prevention and containment purposes. In this paper, collect and read a lot of literature, rich in possession of legal norms , research monographs, papers and written on the basis of real cases , the main use of empirical case studies, comparative analysis, logical analysis and other methods , explore meet our needs criminal legal measures to prevent torture and hope in the fight against torture and the promotion of the rule of law development helpful .

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