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Analysis of the Issues of the Crime of Torture

Author: WeiXiaoBo
Tutor: LiXiang
School: East China University of Political Science
Course: Legal
Keywords: Torture Offense Transforming Crime
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 77
Quote: 0
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Abstract


Torture is a malignant tumor on the judicial system , there are countries in the world on the history of torture . In judicial practice , torture widespread in the local judicial practice , She Xianglin , Zhao Zuohai , the Du Peiwu series of injustice allows us to recognize not only a serious violation of human rights to be questioned in torture , but also seriously hampered judicial justice and to identify the facts of the crime . China 's 97 years of criminal law the crime of torture , but there is a dispute between the main body of the offense , the object and a sin and several crimes , the paper on the basis of the previous argument , combined with the relevant legislative provisions on torture the crime of forced confessions some of the basic issues discussed , trying to figure out the defects of the crime of torture in the Legislative and propose appropriate legislative suggestions for improvement . This paper is divided into four parts : The first part of the constituent elements of the crime of torture . Offense elements of the crime , from the Object of the Crime of the torture , the subject of crime , as well as the subjective and objective aspects were discussed . Second part of the reasons discussed on Torture of torture are many of the suspect, the defendant action status unresolved ; emphasis on the role of confessions in the investigation and handling of cases of torture behavior is investigative organs internal factors ; ineffective oversight thus aggravating the spread of the torture . The third part is the number of sins and problems on Torture . Identified whether the crime of torture should be classified as job-related crimes , torture set of legal punishment , torture cause disability and death , the torture finds in the case of public order , torture common crime identified in this part of the contents to elaborate. Part IV on Torture perfect , it is necessary to improve the relevant regulations. Established the principle of the presumption of innocence , and to ensure that the investigation and trial activities to be implemented to establish the exclusionary rule . Second is to improve the supervision of the extortion of confessions by torture , in two ways to improve the crime of torture .

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