再论遏制刑讯逼供

On Restraining Extorting a Confession by Torture

本文针对“刑讯逼供利大弊小”、“刑讯逼供是成功经验 ,不能完全否定”等糊涂观念 ,论述了为什么必须遏制刑讯逼供。刑讯逼供之所以屡禁不止 ,概由于它是一种非常特殊的犯罪 :它是司法机关的工作人员在执法过程中实施的犯罪 ;执法犯法的问题再由执法机关自己去查处 ,往往很难下得了手 ;刑讯逼供又是一种几乎无法证明的犯罪 ,具有自我保护和逃避惩罚的本能 ,这就使得对刑讯逼供的查禁非常困难。对症下药 ,探索遏制刑讯逼供的有效对策 ,作者提出了四个方面的建议。

Aiming at the existing wrong ideas such as 'Extorting a confession by torture is proved to be effective and has more advantages than its disadvantages ', the author discusses the reasons for restraining it. The reason why torture can not be easily prohibited is that it is a special crime that is committed by the working personnel in the judicial organs while enforcing the law. It is hard for the judicial organs to punish their own law-executors. Meanwhile extorting a confession by torture is such a crime which usually lacks in evidence, therefore, it can easily escape punishment. Studying up on the effective countermeasures to restrain this kind of crime, the author puts forward four suggestions.