刑讯逼供的法律结构原因和根本对策

客观真实论的刑事诉讼证明标准、不合理的犯罪构成结构是侦查人员采取刑讯手段逼取口供的内在动因。必须实现审判权的完全独立，并加强审判公开，确立法官在刑事诉讼中的完全主导地位，由法官对案件自由地进行实质判断和心证，才能降低证明标准，使侦查人员从对口供的极力追求中解脱出来，从根本上遏制刑讯逼供。

Legal Structural Reason and Countermeasure on Extortion of Confession by Torture

Objective truth of criminal proof standards and unreasonable constitution of crime is internal cause why Investigators take confession by torture. It is necessary to carry out fully independent judicial power and strengthening of open trials, as well as establish firmly a dominant position of judge in criminal lawsuits. So judges can substantive decide and prove cases freely, they will degrade the criminal standard of proof as well. Ultimately Investigators can relieve from pursuit of confession to rebuke torture fundamentally.