浅议刑讯逼供罪的防控机制

On Prevention and Control Mechanism of Torture Crime

随着我国《刑事诉讼法》修正案在2012年3月14日第十一届全国人大第五次会议上表决通过,有关修改的相关问题成为大家热议的对象,刑讯逼供问题就是其中之一。在我国司法实践中刑讯逼供现象屡禁不止,后果严重。虽然《刑法》、《刑事诉讼法》等都明文禁止刑讯逼供,但由于我国自古以来在思想上是一直认同其合法性的,并且在具体司法实践中缺乏对侦查的监督,加之非法证据不排除等实际做法,造成了刑讯逼供案件时有发生的现状。为此,应寻求构建打击刑讯逼供的长效机制,为根除这一司法顽疾提供参考。

With the amendment of the Code of Criminal Procedure in the 1 lth National People＇ s Congress meeting on March 14th, the related issues are all hot objects receiving intense discussions with the phenomenon of torture as one of them. In judicial practice in China, the phenomenon of torture is very common, and the conse- quences are serious, although it is banned by the Criminal Law, the Criminal Procedural Law and other relevant laws. In our country, evidence obtained by torture had long been accepted since the ancient times, and in judicial practice effective supervision was always out of place. seek a long- term mechanism to combat torture and to This article intends to research into the basis of torture, to provide a reference for the eradication of torture.