论刑讯逼供的危害、成因以及防治对策改.docVIP

摘 要 关键词：ABSTRACT Inquisition by torture has a long history in China. Nowadays, though being prohibited by official order, inquisition by torture is still wildly used in judicial practice, which has become a handicap of judicial system. Using torture to interrogate criminal suspects infringes upon human rights of the suspects and defendants, seriously attaints the images and reputation of law-executors, and declines the prestige of policy and law. What’s more, it brings harm to pursuing the substantive truth, easily causes the unjust, false or wrong charges and the abominable social influence. Domestic tense situation of controlling the abuse of extort confessions by torture appears, because of the changes of the criminal procedure law value pursuit and Chinese government’s accession to international convention for laying an embargo on extort confessions by torture. To achieve the goal of affective controlling the situation needs the transformation of the conception and the enhancement of the related system construction. This paper is decided to 4 parts: the list of the major hazards of inquisition by torture, the contributing factors of inquisition by torture, the countermeasure of to control inquisition by torture and the conclusion. With a deep analysis of the hazards and the contributing factors, the author tries to provide the countermeasures of to control inquisition by torture. Control inquisition by torture has a significance of avoiding the unjust, false or wrong charges, safeguarding the personal wrights of citizens, keeping the faith of law, protection the national judicial environment, accelerating the progress of China’s criminal prosecution civilization and democratic modernization. The innovation of the paper lays in the raise of better arrangements for control the inquisition by torture. The arrangements involve the views on establishing the legal conscious, constructing the related legal system, restraining the authorities of government agencies