刑讯逼供的反思与对策

Reconsideration and Countermeasure on Extortion of Confession by Torture

刑讯逼供成为长期困扰司法界的难题。造成刑讯逼供的原因是复杂多样的,中国两千多年封建传统文化中的糟粕积淀在民族意识和民族心理之中产生的文化惯性,以及制度缺陷和领导者的偏好是导致刑讯逼供屡禁不止的重要原因。遏制刑讯逼供,应当从转变思想观念、制度创新入手,通过民主化、科学化的方式,设计最优的刑事诉讼模式,为创建中国特色的司法制度奠定基础。

Extortion of confession by torture has become a difficult problem that puzzled judicial world for a long time. The reason is complex and diverse. More than 2,000 years feudalism traditional culture dregs in the national consciousness and the national psychology which produces cultural inertia, as well as the system flaw and the leader subjectivity are the important reasons which fail to prohibit unauthorized extortion of confession by torture repeatedly. While containing extortion of confession by torture, it is significant to transform thought and the system innovation and design the most superior criminal prosecution pattern. Only through the way can the basis of the judicatory system of Chinese characters be built.