司法理念的更新与冤案的终结——以对刑讯逼供深度分析为切入点

The Renewal of Judicial Philosophy and the Termination of Unjust Cases:From the Perspective of the Extortion of Confession by Torture

在我国近年发生的影响较大的冤案中普遍存在刑讯逼供现象,这是口供中心主义的刑诉传统所致,而偏重口供证据则根源于追求以客观事实为基础的司法理想。但这一司法理想很难通过构建一整套标准清晰、便于操作的制度体系将其转化为现实。当前"口供——事实——客观事实"这一闭合链条,使最理想的司法追求在实践中通常会转变成最现实的司法,想尽一切让当事人"把事实说出来"。这既是口供被视为"证据之王"的现实动力,亦是刑讯逼供难以根除的文化根源。要想从根本上破解这些难题、彻底终结冤案的发生,应当以理智的态度努力完成从以客观事实到以法律事实为基础的司法理念的更新,重新构建司法公信力。

The unjust cases of great social impact occurred recently in China are generally featured with the extortion of confession by torture, which is the result of the criminal-procedure tradition of testimony cen- tralism. Laying particular stress on the testimony originated from the judicial philosophy of pursuing the objec- tive facts. However, it is very difficult to transform this judicial philosophy into reality through constructing a whole set of easy-operating institutional system with clear standards. The closed chain of ＂testimony--facts-- objective facts＂ now makes the most ideal judicial pursue usually turn to be the most realistic judiciary prac- tice, in which the suspect is forced to tell the facts by any ways that can be thought of. It is the very realistic impetus that the testimony is regarded as the ＂the king of evidence＂, and also the cultural root of the reason why the extortion of confession by torture is difficult to be eradicated. To solve these puzzles and to wind up the unjust cases thoroughly, we ought, with a rational attitude, to try our best to renewal the basis of the judicial philosophy from objective facts to legal facts, and to reestablish the judicial credibility.