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Forced confessions causes of the root causes and Countermeasures

Author: MengWei
Tutor: WangZuo
School: Central University for Nationalities
Course: Legal
Keywords: torture primary causes danger preventable measure
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 89
Quote: 0
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Abstract


In China, the phenomena of torture have been existed from ancient times. It is not only violates seriously the suspect and the defendants’ personal rights and democratic rights, but also has negative impact on judicial authority of our country. Today, we advocating the rule of law in every aspects of the society, but the phenomena of torture are still emerging, and the Zhao Zuohai Case in recent is a typical example. This article focuses on exploring the causes and preventable measures on torture.Firstly, this paper sorts out the concept and characteristics of torture. There are different views in academic about the concept of torture, and the author determines the concept by comparing various statements of the scope of the subject, object, nature and purpose. The characteristics of torture include four aspects:the way is inhuman, the goal is clear, the subjective is intent, and the object is dual.Secondly, the paper describes the status of torture in China. To study the status of torture, it is from both aspects of current situation of legislation and practice.The third is to study the danger of torture. One is the negative impact which is can not be ignored caused to the human rights, and the main victim is the person who is injured and their relatives. Another is the challenge of the judicial authority, which is not only undermines the authority of the law, but also creates miscarriages of justice, obstruction of the normal activities of the judiciary, and damage of the image of the judiciary. The other is causes negative impact on society, such as increases social costs, undermines social stability.Then it analyzes the primary causes of torture in China. The paper is from four factors such as history, culture, psychology and system to analyze it.Finally, the paper puts forward the legal preventable measures to torture, including the implementation of the rule of excluding illegal evidence; the party who carried out torture under the burden of proof; the introduction of Right to Silence; authorize the lawyer involve in detection earlier, and expand lawyer’s right in the step of interrogation; the introduction of charge detection separation system; strengthen inspection and supervision functions of the authority, and to expand the prosecutor’s extent and scope which is involved in the investigation phase. In a word, the acts of torture can be significant prevented through the performance of above proposed recommendations.

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