论刑讯逼供罪之立法完善

The Legislative Improvement on Inquisition by Torture

刑讯逼供现象是我国司法体制中存在的一大顽疾,几经严禁仍无法从根本上彻底消除,近年来一些由此而发的大案更是引起了全社会对这个问题的关注。铲除刑讯逼供现象需要对现行立法作出修改,包括对《刑法》第247条刑讯逼供罪进行完善,如扩大犯罪主体的范围、扩大犯罪对象、明确刑讯逼供罪的标准、完善量刑方面的规定等。

The existence of inquisition by torture is the main problem in our country＇s criminal judicial system. Although we have exerted a series of strictly forbidden measures, it still can＇t be utterly got rid of. Lately some serious cases make the inquisition by torture become the focus of the society. It needs a series of system reform to wipe it out, not only the procedure but also the substantial. Concretely speaking, we should improve the stipulation of article 247 of criminal law such as extend the scope of the subject, extend the criminal object, explicate the standard of the inquisition by torture, perfect the measurement of penalty.