2002•Unpublished venueRequires access

On the Reasons and Countermeasures of Extorting a Confession by Torture

Hong Bao-song

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Abstract

For long time,extorting a confession by torture is a serious problem that affects the construction of public security troops and carrying out laws strictly.Although China criminal law formalates the charge of inquisition by torture,the code of criminal procedure also forbids to extort a confession by torture,in practice,extorting a confession by torture somtimes happens. The mainly reasons include:the tradition of feudalism criminal law has not been eliminated;the idea that strong measures are taken against crime,and the human rights are not seriously guaranteed is rooted deeply;we don't pay special attention to the importance of forbiding to extort a confession by torture;the special privilege mentality is very serious;supervisory system is not completely for med.This paper emphasizes the policy that we must use the method that the rule of virtue is as important as the rule of law to keep a lookout at extorting a confession by torture.

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For long time,extorting a confession by torture is a serious problem that affects the construction of public security troops and carrying out laws strictly.Although China criminal law formalates the charge of inquisition by torture,the code of criminal procedure also forbids to extort a confession by torture,in practice,extorting a confession by torture somtimes happens. The mainly reasons include:the tradition of feudalism criminal law has not been eliminated;the idea that strong measures are taken against crime,and the human rights are not seriously guaranteed is rooted deeply;we don't pay special attention to the importance of forbiding to extort a confession by torture;the special privilege mentality is very serious;supervisory system is not completely for med.This paper emphasizes the policy that we must use the method that the rule of virtue is as important as the rule of law to keep a lookout at extorting a confession by torture.

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Available abstract

For long time,extorting a confession by torture is a serious problem that affects the construction of public security troops and carrying out laws strictly.Although China criminal law formalates the charge of inquisition by torture,the code of criminal procedure also forbids to extort a confession by torture,in practice,extorting a confession by torture somtimes happens. The mainly reasons include:the tradition of feudalism criminal law has not been eliminated;the idea that strong measures are taken against crime,and the human rights are not seriously guaranteed is rooted deeply;we don't pay special attention to the importance of forbiding to extort a confession by torture;the special privilege mentality is very serious;supervisory system is not completely for med.This paper emphasizes the policy that we must use the method that the rule of virtue is as important as the rule of law to keep a lookout at extorting a confession by torture.

Key concepts: Torture, Confession (law), Law, Criminal law, China, Political science, Criminology, Virtue

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