非法供证排除机制之完善

Perfection of Eliminating Mechanism for Illegally-Extorted Confessions

刑讯逼供等非人道、不文明的供证收集行为早已为现代法治国家严格禁止。非法供证不具有证据资格已是通行作法。但在我国,刑讯逼供等非法获取供证的行为在刑事侦查中久禁不绝。推究产生这一现象的原因,就是通过刑迅逼供等非法行为获得的供证大量地被作为证据加以使用。这一症结之一在于目前对于认定非法供证的机关机制建构不足。本文就这些重要的协调和保障机制予以揭示,以期望我国的非法供证排除能有所起色。

Inhumane and uncivilized extorting of confessions such as extorting a confession by torture wasforbidden strictly by modern law countries long before.That confessions extorted illegally are not eligible evi-dence is the current practice in the world.However in our country,the act of obtaining confessions illegallysuch as extorting confessions by torture is never stamped out in criminal investigations though long forbidden.The cause of this phenomenon is that a large number of confessions obtained illegally such as a confession ex-torted by torture are used as evidence in reality.This paper reveals this important coordinating and guarantee-ing mechanism in the hope of seeing some improvement in eliminating illegally-obtained confessions in ourcountry.