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非法拘禁罪构成中若干问题研讨 被引量:8

非法拘禁罪构成中若干问题研讨
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摘要 Our government which consistently opposes cruel punishment not only repeatedly signed a series of relevant international treaties in decades,but also definitely stipulated relevant cruel punishment in criminal law.Because our country is affected by the feudal society thinking of presumption of guilt,especially extort a confession,cruelpunishment,especially extort a confession by torture as a typical behavior of cruel punishment still has certain market in judicial practice of our country.Some judicial officials still have some long standing mistaken ideas of thinking and understanding,i.e.extorting a confession by torture is necessary,the advantages of extort a confession by torture are greater than disadvantages,oral confession is the king of evidence.So it is a heavy burden and a long road to restrain cruel punishment of our country.The field of criminal law and judicial practice takes unremitting efforts to explore this problem and gets preliminary effectiveness for late years.But because of influence of factors of historical tradition,legal custom and legal conception,etc.,it is not easy to restrain cruel punishment by getting at its root.We must depend on decision making body,legislative body,members of bar and numerous theory staff members of field of education,also depend on the common citizen to build up the concept against cruel punishment,and establish stable legal mechanism against cruel punishment from system aspect.In order to promote theory and practice of anti cruel punishment of our country,our journal specially invited Professor Zhao Bingzhi and other experts or scholars to discuss the problems on restraint of cruel punishment by writing. Our government which consistently opposes cruel punishment not only repeatedly signed a series of relevant international treaties in decades,but also definitely stipulated relevant cruel punishment in criminal law.Because our country is affected by the feudal society thinking of presumption of guilt,especially extort a confession,cruelpunishment,especially extort a confession by torture as a typical behavior of cruel punishment still has certain market in judicial practice of our country.Some judicial officials still have some long standing mistaken ideas of thinking and understanding,i.e.extorting a confession by torture is necessary,the advantages of extort a confession by torture are greater than disadvantages,oral confession is the king of evidence.So it is a heavy burden and a long road to restrain cruel punishment of our country.The field of criminal law and judicial practice takes unremitting efforts to explore this problem and gets preliminary effectiveness for late years.But because of influence of factors of historical tradition,legal custom and legal conception,etc.,it is not easy to restrain cruel punishment by getting at its root.We must depend on decision making body,legislative body,members of bar and numerous theory staff members of field of education,also depend on the common citizen to build up the concept against cruel punishment,and establish stable legal mechanism against cruel punishment from system aspect.In order to promote theory and practice of anti cruel punishment of our country,our journal specially invited Professor Zhao Bingzhi and other experts or scholars to discuss the problems on restraint of cruel punishment by writing.
出处 《河南省政法管理干部学院学报》 2004年第2期61-64,共4页 Journal of Henan Administrative Institute of Politics and Law
关键词 非法拘禁罪 犯罪构成 犯罪行为 犯罪对象 cruel punishment restraint problem research of a special topic
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