刑讯逼供原因的解读

On the Reason of Extorting a Confession by Torture

我国刑讯逼供屡禁不止,其原因多种多样:传统立法的价值取向和现行立法制度的不完备是刑讯逼供存在的直接原因;传统哲学中的部分陈腐理念是刑讯逼供存在的思想根源;审问式诉讼制度是刑讯逼供存在的历史缘由;趋利避害的人性、淡漠的人权观念则是刑讯逼供存在的重要原因。

Extorting a confession by torture remains incessant after repeated prohibition in our country, its reason is various such as follows, the value orientation of the traditional legislation and current imperfect legislative system are the immediate cause of existence of it; the old and decayed idea in traditional philosophy is the ideological roots; the long legal and cultural system history are the inevitable outcome of it; the indifferent human rights idea of going after profits and avoiding disadvantages are the important reason of it.