刑讯逼供久禁不绝成因探析及对策研究

刑讯逼供是一种为现代国际公约和各国法律所严格禁止的审讯方式,它严重侵犯了公民的合法权益,危害司法制度及民主法治建设。然而在司法实践中,刑讯逼供现象却屡禁不止,成为现代刑事诉讼的一大毒瘤和痼疾。刑讯逼供是特定角色间不可调和的矛盾体现,口供对案件的重要作用等均是刑讯逼供久禁不绝的根源。我国应从法学理论和司法实践的角度明确无罪推定原则,通过建立非法证据排除规则及对刑讯逼供案件实行证明责任倒置等途径遏制刑讯逼供。

The analysis of the origin why the extorting a confession by torture is failed prohibiting and the research of countermeasure

extorting a confession by torture is a inquest ways forbidden strictly by modern international convention and the law of various countries. It has infringed the citizen's legitimate rights and interests seriously, while it also has endangered the judicial system and democratic legal construction. However, in the judicial practice, the phenomenon of extorting a confession by torture remains incessant after repeated prohibition and becomes one big cancer and chronic illness of criminal suit in modern times. Extorting a confession by torture is the implacable contradiction embodiment among specific roles. The important function of the affidavit on the case is the reason why extorting a confession by torture remains incessant after repeated prohibition. Our country should define the principle of innocent presumption from the angle of legal science theory and justice practice, and set up the eliminating principle for illegal evidence and carry out the measure of inverting the responsibility to the case of extorting a confession by torture. All above could be useful for prohibiting the phenomenon of extorting a confession by torture.