论孙中山废除刑讯逼供制度的现代价值

Some Revelations of Sun Yat-sen's Thought of Abolishing the System of Extortion of Confession by Torture

刑讯逼供是我国古老的司法传统,在科技落后的情况下,这种审讯手段对于侦破案件有一定的帮助。虽然历代都有人对于刑讯逼供的残酷性提出批评,只有孙中山是第一个以国家最高领导人身份命令废除刑讯逼供制度的,这对于进一步发展民主与法制,具有重大历史意义。但由于孙中山过早地辞去了领导职务,没有将废除刑讯逼供制度用立法的方式固定下来,没有提出取代刑讯逼供的相关的行之有效的手段,也没有花更多的时间对官员及民众进行思想教育工作,使得废除刑讯逼供制度的工作出现反复。彻底废除刑讯逼供制度,还需要一个漫长的过程。

As a traditional judicial form of punishment in China, extortion of confession by torture did help to investigating cases in the age of lagging science and technology. In history there were some criticisms on the cruelty of this extortion; however, only Sun Yat-sen, the first highest leader in China, abolished the system of this punishment. Which was of great historic significance for developing democracy and legality. Regrettably, he resigned his leadership much earlier and thus, he didn＇t regularize the abolition of this system by legislation. Furthermore, he didn＇t put forward new scientific and technogical measures to replace the cruel extortion, and didn＇t spend much time educating officials and the masses. These made some restorations of this extortion later. Abolishing this cruel punishment still has a long way to go.