刑讯逼供与刑事错案防范浅析

Analysis on Prevention of Torture and Misjudged Criminal Cases

刑讯逼供往往酿铸一切刑事错案,造成对被追诉人的巨大伤害。要防范刑讯逼供,还需要从理念与体制上进行创新,主要包括牢固树立人本主义理念、确立无罪推定思维、构建"以客观性证据为中心"的侦查模式和合理控制侦查权。

Torture is the use of corporal punishment or disguised to use corporal punishment, so that the suspect in the flesh or mental pain or suffering severe pain to extort confessions behavior. Torture is often resulting in misjudged criminal cases and causes huge damage to human who were prosecution. Criminal Procedure Law has established anyone not to be compelled to testify against himself or to confess guilt, elimination from illegal evidence and whole audio and video recording system to pre vent torture. In order to prevent the emergence of torture it is indispensahle for the to carry on the innovation on conception and institutional, including firmly establish the concept of humanism, establishing the presumption of innocence idea, construction of the objectivity of evidence-centered investigative mode and the reasonable control of the investigation right.