Research On Several Issues Of Crime Of Extorting A Confession By Torture

In our country, the law is expressly prohibited torture to extract confessions, But in the judicial practice, the phenomenon of torture to extract confessions are repeated, Extorting a confession by torture is currently in a speech in opposition, and in judicial practice and the people fighting crime the strong hope is relatively tolerant of the situation. As the judicial practice of the "ills". The occurrence of torture to extract confessions a serious violation of human rights, Obstruction of the normal activities of the judicial organs, Destroyed the socialist rule of law, Endangering the legal belief and the judicial authority of the people, It has become a big problem in the field of criminal justice. Especially in recent years the news media disclosure Shenyang "Liu Yong Case", Hubei "She Xianglin case", Henan "Zhao Zuohai case", Neimenggu "Hu Ge case" and other typical cases Etc., Both in the community have a very bad influence, Damage the credibility of the judicial organs of law enforcement, Damage the image of the party and the government.. The from torture crime concept and constitutive requirements of, focuses on the subject of the crime and the object of the crime of extorting a confession by torture, and from the analysis of the case analysis in our country in curbing torture torture legislative deficiencies and acquired defects as a reference, extorting a confession by torture of relevant legislation, put forward some legislative thinking, in order to be able to in the maximum extent reduce the phenomenon of extraction of confessions by torture.