关于刑讯逼供的法律问题研究

发布时间：2018-05-12 16:18

本文选题：刑讯逼供 + 刑事诉讼　；参考：《大连海事大学》2014年硕士论文

【摘要】：应当说,刑讯逼供是一个老生常谈的话题,只不过在古代社会这种野蛮的逼供方式是合法的,而现在则被法律所禁止,因为它所体现出的价值观,和我国法治社会的内在要求相悖。因为刑讯逼供有多方面的不利影响,不仅能对人身造成摧残,同样是对司法权威的亵渎。最近几年,刑讯逼供已经引起了多方关注,因为它而产生的冤假错案并不鲜见,使很多无罪的人迫于压力“认罪”,很多真正有罪的人却逍遥法外,这无疑让广大人民心寒,难免对法律的权威和公正产生质疑。基于此,有必要对刑讯逼供进行探讨,因为其不仅有深刻的理论意义,同时具备应有的现实意义。本篇论文由四章组成,具体包括以下几方面：第一章是对刑讯逼供的理论分析。在这章中,对刑讯逼供的概念做出了界定,现阶段很多学者对这一名词有不同的理解和看法。本文结合我国现有的实际情况,再参考《联合国反酷刑公约》中的有关规定,区分了酷刑和刑讯逼供的含义。第二章是对我国有关刑讯逼供法律现状的描述,通过对现状的分析,剖析在该领域立法存在的不足。这一章中,主要对我国修订后的《中华人民共和国刑事诉讼法》(以下简称新《刑诉法》)中的有关规定进行了阐述,并将其和修订前的刑事诉讼法进行比较,最终分析了现在立法的不足和可能产生的危害。第三章则是针对第二章中存在的各类问题提出具体的完善对策和建议。具体包括以下几方面：通过借鉴西方发达国家的经验,指出要强化司法人员和执法人员的人权观念和个人素质；注意有关法律制度的完善,如无罪推定制度以及非法证据排除机制等；建立完善的救济制度,如损害赔偿制度、加大违法逼供的查处力度等。第四章则结合实际对司法实践中禁止刑讯逼供规定适用提出了建议。本论文的撰写工作是在阅读中外有关文献的基础上完成的,在论文的写作过程中运用了比较分析法、历史研究法等方法,重点研究了如何避免刑讯逼供情形发生的具体方法和途径,期望通过本论文的撰写,能够为早日消除“刑讯逼供”尽绵薄之力。
[Abstract]:It should be said that extorting confessions by torture is a commonplace topic, except that in ancient society this barbaric method of extracting confessions was legal, and is now prohibited by law because of the values it embodies. It runs counter to the inherent requirements of our country's society of rule of law. Because extorting confessions by torture has many adverse effects, it can not only destroy the person, but also blaspheme the judicial authority. In recent years, extorting confessions by torture has attracted much attention, because the cases of falsehood and error caused by torture are not uncommon. As a result, many innocent people are forced to "confess their guilt", while many truly guilty people go unpunished. This undoubtedly makes the people at large cold. It is inevitable to question the authority and justice of the law. Based on this, it is necessary to explore the extortion of confession by torture, because it not only has profound theoretical significance, but also has due practical significance. This thesis consists of four chapters, including the following aspects: the first chapter is the theoretical analysis of extorting confessions by torture. In this chapter, the concept of extorting confessions by torture is defined. According to the actual situation of our country and the relevant provisions of the UN Convention against torture, this paper distinguishes the meaning of torture from extorting confessions by torture. The second chapter describes the current situation of the law of extorting confessions by torture in our country. Through the analysis of the current situation, it analyzes the shortcomings of legislation in this field. In this chapter, the relevant provisions of the revised Criminal procedure Law of the people's Republic of China (hereinafter referred to as the new Criminal procedure Law) are mainly expounded, and compared with the revised Criminal procedure Law. Finally, it analyzes the deficiency of the present legislation and the possible harm. The third chapter is aimed at all kinds of problems in the second chapter to put forward specific countermeasures and suggestions. It includes the following aspects: by drawing lessons from the experience of western developed countries, it is pointed out that the human rights concepts and personal qualities of judicial and law enforcement personnel should be strengthened, and attention should be paid to the perfection of the relevant legal system. Such as the presumption of innocence system and the mechanism of the exclusion of illegal evidence, such as establishing a perfect relief system, such as damage compensation system, to increase the intensity of illegal forced confessions investigation and punishment, and so on. Chapter four puts forward some suggestions on the application of prohibition of extorting confessions by torture in judicial practice. The writing of this thesis is completed on the basis of reading Chinese and foreign literature, and the methods of comparative analysis and historical research are used in the process of writing the thesis. This paper focuses on how to avoid the concrete ways and means of extorting confessions by torture, and hopes that through the writing of this paper, we can do our best to eliminate "extorting confessions by torture" as soon as possible.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2

【参考文献】