Research On The Use Of Interrogation By Torture And Its Reasons Despite Of Its Abolition During The Late Qing Dynasty And The Early Min Dynasty

Interrogation system was abolished in the Qing Dynasty with the efforts of Liu KunYi,Zhang Zhi Dong,Shen JiaBen,Wu TingFang.And “ The Current Criminal Law ”,“ New Criminal Law ” absorbed the result.After the founding of the Republic of China,the interrogation system was abolished completely in legal system under the further promoting of Sun Yatsen.However,we often see torture“shadow” in judicial practice from the late Qing Dynasty and early Min,it exists despite of being banned.On one hand causes of the failure may be that the principle of presumption of innocence,illegal evidence exclusion rule,system of right to silence,the legislation safeguard were not completely established;On the other hand the vast of the judicial personnel's thought has not changed,they still depends on torture.