刑讯逼供的法经济学思考

刑讯逼供已经成为我国当下刑事司法实践中的一个顽症，其危害是显而易见的。由于学界对刑讯逼供治理的论述仍无法突破那种缺乏“问题意识”的窠臼，因而在刑讯逼供的现象与论述之间存在着断裂。从法经济学的视角出发寻求刑讯逼供发生的一个前提，即证据资源的稀缺性与侦破案件对证据强烈需求的矛盾性，这从一定意义上拓展了观察、分析刑讯逼供现象的视角，为彻底遏制刑讯逼供的发生提供法理依据。

Thinking on the Extortion of A Confession by Torture in Economic Law

Extorting a confession by torture, which has obviously damage to the offender , has become a serious problem in the criminal judicial practice now. But many researchers in criminal proceeding field are still absorbed in the analysis of no-problem of awareness, not leading to connect with the phenomenon of the extortion of a confession by torture. The paper will mainly analyze conditions that is a conflict between the scarcity of fact and the demand for solving a criminal case, leading to the extortion of a confession by torture from the point of economic law. Therefore, it maybe offer another view of the extortion of a confession by torture.