再论刑讯逼供

A New Study on the Extraction of Confession by Torture

刑讯逼供缘起于国家对刑事诉讼的不当干预,要禁止刑讯逼供就应当规范控辩双方权力(利)行使的程序。对于控方主要从规范讯问时间、讯问地点、讯问规则等方面减少其权力行使的任意空间,对于辩方则应尽量减少其权利行使的障碍,此外,立法上的完善也是遏制刑讯逼供的重要条件。

Extraction of confession by torture originates from the improper government intervention in criminal proceedings.To forbidden extraction of confession by torture requires the regulation of the procedure for the accuser and the offender to exercise their rights.To the prosecuting party,the interrogation time,place and rules shall be standardized in order to reduce the willfulness of power execution.To the accused party,the obstacles for the execution of rights shall be reduced.In addition,the perfection of legislation is also an important means to restrain extraction of confession by torture.