刑讯逼供产生的根源及其遏止对策

The Source Coursed by Tortures, Extortions and Confessions and Its Countermeasure of Containment

刑讯逼供是我国司法体制的一个痼疾 ,不仅严重地侵犯了人权 ,而且损害了司法机关的执法形象 ,破坏了国家的法制基础 ,也是酿成冤假错案、积案、疑案的主要原因。笔者认为 :目前产生刑讯逼供并屡禁不止的根源 ,在于立法上的缺陷和司法上的执法不严。对策是 :赋予犯罪嫌疑人沉默权 ;建立非法证据排除规则 ;赋予律师在侦查机关讯问犯罪嫌疑人时到场的权利 ;在刑讯逼供的证明责任问题上 。

Inquisition by torture is a poser for our judicial system, which has not only greatly infringed upon human rights, but also harmed the image of judicial organs and our national legal system. It is also the main reason for false & wrong cases, stockpiled cases and suspicious cases. The auther holds that the origion for inquisition by torture and its unable to be banned by repeated prohibition lies in the defect of legislation and instrict enforcement of the judice. The solution is to: entitle the criminal suspect to have the right to keep silent; set up exclusive rules for the illegal proof; entitle lawer to have on site right when the detective organs inquire the criminal suspect; proof giving responsibility invert when concerns the proof giving responsibility for inquisition by torture.