Study on the measures to curb torture to extract confessions
|School||Graduate School of the Chinese Academy of Social Sciences|
|Keywords||Extort Confessions by Torture Lawyer Presence the Right toSilence Illegal Evidence Exclusion Countermeasure Research|
From ancient times to nowadays, extort confessions by torture has changed from “legalactivities” in traditional society into “illegal activities” in modern society, but it stillexists in modern legal society and repeated itself again and again. As one of the mostsavage and the most cruel activities by human being, extort confessions by torture notonly tramples on the human rights but also challenges to the judicial justice seriously. Inrecent years, the whole society requires to forbid extort confessions by torture in unjustfalse and wrong convictions in which the police use cruel methods and lead to seriousconsequences. All of these cases make people tremble with fear. Based on the abovestatement, it is important to discuss the countermeasures and methods of forbiddingextort confessions by torture, and the discussion has great realistic and theoreticsignificance. The article has four chapters as follows:Chapter1is the definition of the extort confessions by torture.The current theory and practice fields have no clear common view on the definitionof the extort confessions by torture. The author makes the analysis respectivelyaccording to the different understandings to the extort confessions by torture of somescholars and relevant specialists. From the reality of the current legal practice, I proposethe new cognitions and views for the definition and characteristics of the extortconfessions by torture and distinguish the Extort Confessions by Torture and the crueltorture according to The United Nations Convention against Torture.Chapter2describes the current situation and the harms of the Extort Confessionsby Torture.From the relevant statistical data, it is easy to learn that current situation of theExtort Confessions by Torture is very severe. By analyzing the harms to individuals,state and procedural justice caused by the Extort Confessions by Torture, the authorcomes to a conclusion on the importance and emergence of the prohibition of the ExtortConfessions by Torture.Chapter3is the statement of the causes of Chinese Extort Confessions by Torture.By comparing the deep roots of the Extort Confessions by Torture in China andwestern countries, the author analyzing the history reasons, subjective and objective reasons and legal reasons of Extort Confessions by Torture in our country, and pointout that the Extort Confessions by Torture is still occurred frequently. In addition to theinfluence of the feudal society legal system, the Extort Confessions by Torture arecaused by many reasons including the imperfect legal system in our country and poorsupervision of relevant departments.Chapter4is the systematic statement of the effective countermeasures against theExtort Confessions by Torture.Through the western experiences, judicial official are required to improve theirown legal practice constantly, strengthen the law consciousness, safeguard the legalrights of suspects and defendants and so on, so that set forth the requirements ofenforced political education and updating the legal consciousness to judicial staff.Based on some principles including the establishment of custody and detectionseparation system, making clear the principle of the presumption of innocence and adoption ofillegal evidence exclusion, setting up the perfect legal system are required. Perfection ofsupervision and relief system should be executed from the perspective of strengthenjudicial investment, enforcement of punishments and construction of damagescompensation system and so on.Based on the study and reference on the basis of the relevant document literature,by comparing the China and western experiences, new and old methods, this articleexplores and researches the solution of methods and ways and appeal to everyoneinvolved in the “battle” which aid to “crusading against” the extort confessions bytorture, so that can eliminate the extort confessions by torture as fast as possible.