论刑讯逼供史的走向——从社会控制理论与法经济学理论视角

The Historical Trend of the System That Acquires Evidence by Torture——from the Perspective of Social-control Theory and Laweconomics Theory

刑讯逼供发诸西周,几经变革,终于清末变法,存续几千年,其消极作用影响至今。结合刑讯逼供几千年的发展历史,刑讯逼供既是古代社会在国家弱控制下中结合多种因素的较优选择,也是当今社会有效控制的国家从效益最大化视角看必须屏弃的一个痼疾。

The system of acquiring evidence by torture came out in Xizhou,which ended in Qing dynasty after many changes,lasted thousands of years and has many negative affect on today's life.As it has thousands of years of history,it was a better way in ancient times that government controlled society less.And from the light of maximum benefit theory,it is a chronic malady that must be got rid of in today's effectively-controlled society.