论古代的刑讯逼供及对现代法治的启发

The ancient times torture and forced confessions' inspiration on the modern rule of law

刑讯逼供制度在中国历史上存续了近二千多年,一直被历朝历代所推崇。它最早起源于西周,到唐朝时候发展到了顶峰。但是随着人权主义的法治思想传入中国,这种制度逐渐退出了历史舞台。然而现代法治事业建设进程之中,刑讯逼供的现象依旧存在。本文试着去分析古代刑讯逼供产生的原因,并结合现代法治去思考它,从而去指引现代法治事业的建设。

The system of torture has been survived nearly two thousand years in Chinese history, which highly praised by many past dynasties. It originated from the western Zhou dynasty, it reached the peak until the tang dynasty. However, when the human rights thought were introduced into China, this regime gradual y withdrew from the historical stage. But, the phenomenon of torture is stil exist in the process of law construction. This article try to analysis the causes of the ancient torture, and combine with the modern rule of law to think about it, thus to guide the modern rule of law.