论我国刑法中的刑讯逼供行为.pdfVIP

Abstract Whether an act could be identified as the crime of extorting confessions by torture or not is directly determined by the theories of torture acts. The meaning of extorting confessions by torture develops from the etymology is apparently different from the criminal law. It is hard to distinguish extorting confessions by torture from illegal detention and force the certificate. Thus there is lots of dispute in ranging the conduct when using torture to coerce a statement. Such as the quarrel of the object of the offence among the citizens’ personal rights, democratic rights, and the national interest etc. Extorting confessions by torture certainly contains using of corporal punishment or corporal punishment in disguise. Mental punishment should be taken into consideration as a sort of extorting confessions by torture according to modern idea of human rights, civil rights convention and the presumption of innocence. There is no doubt that the target of extorting confessions by torture is not legal person, but the natural person .However, the scope of this behavior is hard to identify in theory and judicial practice. When concerned cracking down crimes, protecting the citizens and safeguarding judicial fairness and justice, it seems that all others should be included except for the suspect and defendant. But there should be a restrict definition of “people”, it refers to those offenders in the administrative, civil and public order cases. In order to define the extorting confessions by torture exactly, making a distinction between extorting confessions by torture and illegal detention, force the certificate, intentional injury, intentional homicide is necessary. The crime of extorting confessions by torture is a complex object, but