情理法观念下的唐刑讯制度探析

An Analysis of the Interrogation System in the Tang Dynasty under the Concept of Emotional and Rational Law

唐朝刑讯制度是我国古代刑讯制度的典型代表,它适应我国古代以口供为中心的证据规则产生,是情理法观念的产物,在前科学时代有其必要性与合理性。通过对其详细解读,有助人们全面了解我国古代刑事法制,对构建科学的证据制度、预防刑讯逼供现象发生有重要的借鉴意义。

The interrogation system in the Tang Dynasty is a typical representative of interrogation system in ancient China. It abides by the rules of evidence that center around the oral confession in ancient China, which is the production of the concept of emotional and rational law and has its necessity and rationality in the pre-science era. The specific interpretation of this system will be of great significance to not only understand the ancient Chinese criminal law fully, but also construct the scientific system of evidence as well as prevent the extortion of confession by torture.