The reasons in legal practice

Extorting confessions by torture is normally generated from legal practice. There are plenty of disadvantages in such illegal conducts， however， the investigation organs and the officers in judicial branch are the most behavior subjects. Its hard to depart extorting confessions by torture from legal practice. There are mainly five factors in legal practice which have caused extorting confessions by torture.

（A） The low qualities are the currently urgent situations of public security officers

Since the establishment of the country， the cultural qualities of the domestic judicial departments officers are relatively low and the understanding and application of laws and regulations are deficient. Particularly， the judicial departments ignorance against the laws and regulations has caused abominable influence. Under the modernly commercial development-pattern， the jurists in our country need to handle various cases and the judicial officers have to follow the pace of age since Chinas entering into WTO. The analyses of cases are becoming more complicated and precise with the building of normal law school system， the increasing perfection of legal theory and the continuous improvement of legal system. The development of law requires that the jurists have to learn constantly and learn the latest outcome coming from legal research. If there is no systematic training and improvement on the professional qualities of judicial officers， the extorting confessions by torture will exist. Despite the leak of system， the unjust， false and erroneous cases will decrease notably with the improvement of judicial officers legal literacy.

（B） The relatively singe way of collecting evidence which has been caused by the backward equipment and investigative technology

The investigative technology is a trending topic in current investigation theory and investigation practice. Although the investigative technology has achieved great development resulting from the social progress， we should notice that the method of collecting evidence is relatively single which has been caused by the backward equipment. There are eight forms of evidence included in “Chinese Criminal Procedural Law”：physical evidence； documentary evidence； witness statement； victim statement； confession and defense of a criminal suspect or defendant； expert opinion； transcripts of crime scene investigation， examination， identification， and investigative reenactment； and audio-visual recordings and electronic data. Evidence must be verified before being used as a basis for deciding a case and any evidence obtained from illegal means should be excluded. The evidences obtained from technical means by investigation organ actually are very few and the investigative approaches are highly limited caused by the crimes which have a diversified and specialized tendency.

（C） The subjective pressure caused by homicide cases

The public security authority lodged a target that ‘homicide case must be solved since 2004. The homicide cases usually will generate widespread concerns and the public voices are relatively strong， since there is a statement from our ancient times that life is supreme. The slogan put forward under special background has a positive influence on preventing crimes and punishing crimes， and it has reflected the countrys respect to citizens right to life and respect to the judiciary. The public security authority needs to practice the target and slogan advanced by them. Hence， under the huge pressure form society， the investigation organ has to adopt some illegal means like extorting confessions by torture to solve cases. Such slogan has expressed the confidence and resolution of public security authority on punishing crimes and maintaining social order， however， it will also lead to some bad phenomenon， like presumption of guilt， regard entity belittle procedure， extorting confessions by torture and even unjust， false and erroneous cases. he homicide cases have been given priority by public security authority all the time， while the government and superior department usually will pay high attention on it. The subjective stress is very much， since the internal pressure and external pressure both oppress and police officers are forced to work overtime by the deadline on solving cases. Although the whole country has responded to the call， the crime rate is rapidly decreasing， and the whole society has unanimously given praise， the violations of legal procedure frequently occur in solving cases. The author reckons that the slogan， homicide cases must be solved， should become a target instead of an index in assessing ability. If so， the criminal procedure law can perform the functions of punishing crime， suppressing crime， preventing crime and protecting human rights.

（D） The influence exerted by the management system of current assessment and ranking

The management system of current assessment and ranking is not fit with development of contemporary situation. The public security authority still considers the amount of cracking down on crimes and solving cases as the most essential index on measuring the work of public security. Various ‘strike-hard campaigns and ‘battles emerge in endlessly. The superior public security department will assign the targets of cracking down and solving cases to every public security organ involuntarily in annual management assessment and then criticize the organs whose achieved targeted outcomes have fell behind or execute veto power by one ticket in year-end commendation assessment. Meanwhile， the administrative color is relatively strong in order to coordinate the work in political forms， for example， putting forward the slogan that ‘homicide case must be solved when the case occurred and building up strict work performance evaluation system. The result of evaluation is linked with merit awards， bonuses， promotion and use of cadres， etc. to inspire public security officers using varied means of achieving the targets of solving cases. It departs from the original background and intention. Nowadays， a brand new reward mechanism should be established and the current assessment and ranking system should be reformed， so as to make the best of everything and give full scope to the talents.

（E） The lack of effective integration of social resources increases the difficulty of obtaining evidence

The social resources need effective integration and positive social environment in order to establish a solid foundation for judicial development. The serious difficulties of detection and evidence collection on cross-regional crime and floating crime is caused by the lack of sharing mechanism of the information resources within judicial organs and the lack of effective resources connection among bank， telecom and medical treatment in present phrase. There is no sharing channel among the information of public security， procuratorate and court located in the same origin and the communication of information resources among aforementioned organs is mainly based on typical meaning – the acquisition by personnel. That not only has a huge impact on the efficiency of solving cases but increases the difficulties of collecting evidence. There is no productive resources connection among the various police category and the public security organs in various regions within the public security authority. Concerning the inquiry of the track of residence in hotel industry， every police office can only inquire the information resources in its own province， which there is no possibility to inquire the information resources out of its province. Concerning the monitoring resources within the same region， there is no effective integration among different police categories， for example， the security cameras in crossroads and barriers are managed by traffic police department， while the security cameras in residential quarters are managed by local police station and other local branches of bureau. The monitoring resources between such two police categories cannot connect and the procedure of inquiring the security cameras of traffic police is cumbersome. The author has a deep understanding when dealing with a case of intentional injury which required the acquisition of the security cameras in crossroads. Not only the preparation for plenty of textual materials， but the submission to the executive chief of this department step by step in order to obtain signature of certification are required before the inquiry of security cameras. The signature of traffic polices branched leader need to be obtained in traffic police department and the collection way is still typical personal meaning by investigative personnel. It usually will take a day to prepare these materials. The most cumbersome part is that if the security camera cannot be scanned in one time， the same material need to prepare again when inquiring in the second day. The resources in bank， railway and social insurance are separated and the lack of productive sharing of the information leads to the factitious troubles on solving cases and collecting cases. The connection and integration of various social resources should get attention in later work. After the effective integration of social resources， it can lessen the trouble and time of collecting evidence， promote the judicial efficiency， perfect the legal system， and maintain the procedural justice and substantive justice. The crime rate in society will decrease and the function of preventing crime will be embodied.

【作者簡介】張秀凱（1991.11.25- ），男，漢族，濰坊人，青島大學，碩士。