论我国遏制刑讯逼供之制度构想--以侦查制度变革完善为视角

刑讯逼供案件有其发生的基本特点和规律。在我国侦查机关的侦查活动中,刑讯逼供现象时有发生很大程度上是由于刑事侦查制度设计的缺陷。我国应借鉴国外防止刑讯逼供的理念和制度,对现行侦查制度进行必要的变革,设立有限沉默权、非法证据排除及侦查和羁押相分离等制度,以保障犯罪嫌疑人和被告人人权,维护司法公正。

On Conceiving a System That Keeps Extortion and Confession by Torture Within Limits in China -From the Angle of Reforming and Bettering Investigating System

Cases of extortion and confession by torture has essential features and the rule of their own.They occur during the investigating activities, to some great degree,due to the flaw in Chinese detection system.We should borrow ideas and systems against extortion and confession by torture from abroad and reform the established detection system.Systems of limited right of silence, nonlicet evidence exclusion and separation between detection and detainment should be set up to protect the human rights of the suspects and the accused and the judicial justice.