The Analysis Of The Legitimacy Of Rescue Torture In China

In the western democratic thought has been accepted by the world,and the prohibition of torture has also become the consensus of the human race.The outbreak of the 911 event brought panic to the people in the world,and the torture was back to people’s vision.Whether the terrorists can be applied torture has caused a discussion in the fields of criminal jurisprudence and constitutional jurisprudence.By comparing the definition of torture,this thesis discusses the basic meaning of rescue torture,and elaborates its nature and purpose.In order to demonstrate the legitimacy of rescue torture in China,this thesis analyzes the existing ethical theory,and the regulations as well as the theoretical basis of China’s constitution,the criminal law,and the police law.The text is divided into four parts:The first part mainly gives definition for torture and rescue torture.It elaborates the nature and purpose of rescue torture.According to the different purposes of the torture,it can be divided into punishment torture,forensics torture,and rescue torture.Through specific cases,the rescue torture can be divided into general violations of civil rights,endanger public security and terrorism case.The second part mainly concerns the support and objections of the existing ethical theory to rescue torture,including utilitarianism,moral theory and applicable moral theory.By comparing the advantages and disadvantages of various ethical theories,this thesis argues that based on the points of Deontology,the view that under the collapse of society and order,all the morality and freedom will disintegrate is lack of persuasion.The dam theory of Deontology fails to account for the height limit of the threshold.From the utilitarian point of view,the analysis of the cost and benefits of the implementation of torture on the criminal suspects can get satisfactory resultsThe third part mainly discusses the right to life and dignity provided by the Constitution.It tries to compare the value of life and dignity between torture implementer and the tortured.This paper thinks that there is no comparability of right to life and dignity between innocent people.However,in some emergency situations,there are different degrees of decrease in human rights of legal citizens.Hence the evaluation on the life and dignity right of criminals,who hurt the lives and dignity of others,should be narrowed,when the legal interests of the victim has not yet ended.The fourth part intends to explain the justification for the rescue torture from the perspective of criminal law and police law.Justifiable defense becomes the cause of illegality deterrence for the rescue torture.It analyzes several mainstream theories,which includes the theory of public law,the theory of division law,mixed theory of public law and criminal law,and the theory of criminal,about whether the police can become the subject of justifiable defense.Based on the relevant provisions of China’s police law,this thesis intends to prove the legitimacy of the rescue torture in criminal law and police law.