The Empirical Research For Judicial Cognizance Of Interrogation By Torture

As a repulsive judicial disease,interrogation by torture is often accompanied by the appearance of injustice cases in judicial practice.Recently,lots of cases with miscarriage of justice exists the shadow of interrogation by torture has been exposed frequently,which adverse impact on the judicial practice in our country.This thesis takes interrogation by torture judicature recognized as entry point and explores it in multi-perspectives.It will respectively explore the issue from the angle of the defender who presents the excuses,the accuser who deals with the excuses and the court who excludes relevant statement or not.Meanwhile,with the method of empirical research and the samples of judgments posted in Peking University Law Database from2015 to 2016,the actual statistical investigation to thousands of judgments will be taken to help the statistics,sorting and analysis.The thesis will try to further explore its theory and practice and put forward proposal to improve.On one hand,improvement of system able to effectively reduce the phenomenon of torture is expected.On the other hand,the prosecution and the judicial officers are expected to pay due attention to it once the defendant defense.Therefore,to accurately identify interrogation by torture will not only effectively ensure the legal rights of the criminal suspect and defendants,but also is important for the specific implementation of the illegal evidence elimination rules.Except the introduction,the whole text is composed in three sections:Section one is the present situation inspection of judicial determination of interrogation by torture in the samples of judgments.This section will focus on the figures by the empirical research,and respectively investigate and analysis the issue from the perspective of the defendant,the prosecution and the court.The investigation mainly includes the case investigation to the torture defense by the defendants,the investigation to how the prosecution deals with the defense and the investigation to case quantity and reason the court to judge whether the interrogation torture exists in the case.Section two points out the problems existing in interrogation by torture judicature recognized and present the cause analysis.Based on the premise of the empirical data and the interview results,the author makes objective evaluation to empirical data and summarizes the main problems and analysis its reason.The first problem is that the judge remains doubt to the definition of torture;the second is the burden of proof by the prosecution is falsified and even turn to the defendants;the third is the evidence system the prosecution put forward is weak;forth is the court tends to disapprove of interrogation by torture defenses;the last is the insufficiency of the reason that the written judgments not to conclude it as the interrogation by torture.On the other side,the main causes cover several as follow: first of all,the criterion is vague;next is that the jurisdiction is not neutral;and then is the judge’s neglect to the values of the program and finally is that the defense can’t provide relevant clues,materials or evidence.Section three is the suggestions to solve the problem of torture judicial cognizance.This section proposes suggestions and countermeasures respectively from the perspective of related regulations,value concept and the actual operational to solve these problems of torture judicial cognizance.Above all,judge criterion for interrogation by torture should be confirmed so as the court can unify the criterion in practice and maintain judicial justice.Second,strengthen the prosecution’s burden of proof,to eliminate reasonable doubt in the case and come to the only conclusion;then change ideas,strengthen the written judgment of reasoning,maintain neutral and judicial credibility;finally,to establish the right of lawyer-on-site and finite right to silence.