论诱供与作弊审查简

诱供是缺乏验证性的讯问作弊,它通过欺骗行为诱导或误导被问人作出供述,具有侦查自欺、对象欺骗、司法欺骗的三欺特征.正是这种方法的普遍使用,形成了我国错案的主要致错模式：“刑讯逼供－诱供” . 破除这种流行错误的方案是建立知密讯问规则,我们司法需要确立这样的信条：供述的知密验证是证据可信的前提.知密度越高,供述越可靠.依据知密讯问规则,我们可以发现诱供本质上就是对知密讯问规则的破坏,因此知密讯问规则应当演化出作弊审查规则.这些基本规则理念可以帮助公安机关改善讯问程序、提高讯问质量,为遏制和消灭刑讯逼供创造合理的替代方法.

On Securing Confessions by Trickery and Cheating Examination

Securing confessions by triekery is interrogation cheating lacking of verificattion, rind owing to its features of investigation self-deception, object deception, and judicial deception, the interrogated is induced or misled to a confession by deception. In China, the widespread practice of securing confessions by trickery has formed the main pattern leading It, misjudged eases： “extort confessions by torture- secure confessions by tickery”. An effective way to correct this widespread wrongdoing is to establish secrel-knowing interrogation rules and believe in such a creed of justice： verifying the secret-knowing degree of a confession is the premise of evidence reliability, because, the higher the secrel-knowing degree is, the more reliable the confession will be. Based on the secret-knowing interrogation rules, we can find the essence of securing confessions by trickery is the destruction of the seerel-knowing interrogation rules,therefore the secret-knowing interrogation rules should evolve to cheating examination rules.These basic ruoles or indeas may help the public security organizations improve interrogation procedures,enhance the quality of questioning,and create reasonable alternative methods for containing and eradicating the practice of extoring confessions by torture.