民国时期的刑讯逼供治理

Governance of Extorting Confessions by Torture in Republic of China

民国时期,政府三令五申,明确了废除刑讯逼供的基本方针。在具体措施层面:民国刑事诉讼法确立了非法自白排除规则,试图在诉讼内规范司法官员获取被告口供的方法,并遏制司法官员刑讯逼供的动机;呈诉机制为受刑讯者提供了获取诉讼外救济的机会,也使政府有了获知刑讯事件的途径;追究刑讯逼供者的法律责任,不仅使违法官员受到了制裁,也有利于威慑其他官员使其不敢使用刑讯。民国时期的刑讯逼供治理就是通过这三种途径来实施的。

During the reign of the Republic of China,the government had issued orders repeatedly to clarify the basic ways to abolish the extorting confession of torture.In terms of specific measures: the criminal procedure law of Republic of China prescribed the exclusionary rule of illegal obtained confessions,which was trying to regulate the methods judicial officials obtain the defendants’ confessions inside the procedure and to curb the motives of judicial officials for extorting confessions by torture; through petition,people who were tortured had access to relief and the government had a way to learn about the incident of torture; the legal liability for extorting confessions by torture was to ensure that the illegal officials were sanctioned on the one hand and to deter other officials from using torture on the other hand.During the Republic of China,the governance of extorting confessions by torture was implemented through the above three measures.