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The Reason and Prevention of Torture

Author: YunMo
Tutor: ZhouBaoFeng
School: Inner Mongolia University
Course: Legal
Keywords: Extorting confessions by torture Protection of the rights of criminal defendants Right to silence Investigation and charge separation
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 321
Quote: 1
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Abstract


China 's Criminal Procedure Law and related laws and regulations and judicial interpretations of torture to force was explicitly prohibited , but forced confessions in judicial practice remains despite repeated prohibitions , a direct violation of the citizens' personal power , seriously interfere with and disrupt the program regulations to implement affecting the judicial authority, judicial justice and social justice , can easily result in miscarriage. Elements from the concept of torture and about the the forced confessions formation history evolution and cause of forced confessions reasons for repeated , at the same time , the combination of community heat Negotiation nowadays widespread concern in the case of extorting confessions by torture , the empirical analysis demonstrates the hazards and causes of the forced confessions . On Torture prevention , I first use of the theoretical basis of the idea of ??a criminal defendant the right to protection against unreasonable infringement of the concept of human dignity is inviolable and civil rights and freedoms are discussed , after combined just introduced the \plan (2009-2010 ) \Finally , I put forward the key point of this article : the following few feasible measures to prevent forced confessions can take : First, the confession voluntary standards established in China ; second , shall not be compelled to testify against himself right into the Constitution ; third, the right to assistance of counsel in the establishment and improvement of China ; fourth presumption with forced confessions involuntary confession in court to prove the responsibility invert ; the fifth reconnaissance charge separation system implementation in our country ; sixth , illegal evidence exclude the real implementation of the rules in the field of confessions . Through the implementation of the above measures , in order to play a reference role in the prevention of forced confessions in judicial practice .

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