徘徊在人权和维稳之间-避免刑讯逼供行为及其法律规制

发布时间：2018-12-18 02:37

【摘要】：刑讯逼供是严重侵犯人权的丑恶现象,在漫长的奴隶社会和封建社会,刑讯逼供是极为普遍的取证手段,而且这样的行为是合法的。随着社会的发展和文明的进步,以及欧洲资产阶级革命的到来,广大启蒙思想家把这种残忍的刑讯行为作为中世纪残酷刑罚的典型代表,进行了严厉的抨击。在我国,刑讯逼供存在数千年,它不但严重侵犯了人权,而且损害了司法机关的声誉,刑讯逼供已成为历史遗留的顽疾,在司法实践中屡禁不止。1949年新中国成立以来,逐步采取了各种禁止刑讯逼供、非法拘禁的立法、司法措施。同时我国于1986年12月12日签署了《禁止酷刑和其他惨恶不人道或有辱人格的待遇或处罚公约》以下简称《联合国反酷刑公约》。它的宗旨是对、刑讯逼供行为进行有效规制。但司法实践中每年都会出现刑讯逼供的案例,这些触目惊心的典型案件,严重侵犯了犯罪嫌疑人、被告人的人身权利,而且破坏了司法机关公信力以及广大公民对法律的敬畏。为了进一步完善我国的法治,保障人权,有效规制刑讯逼供的发生。笔者在本文旨意：依据刑讯逼供的产生、特点、历史与现状以及对其法律规制的历史回顾,深入进行立法反思与司法探索,并对规制刑讯逼供在立法、司法方面作有益总结和探索。
[Abstract]:Extorting confessions by torture is an ugly phenomenon that seriously violates human rights. In the long slave society and feudal society, extorting confessions by torture is a very common means of obtaining evidence, and such behavior is legal. With the development of society and the progress of civilization, as well as the arrival of the European bourgeois revolution, the vast number of enlightenment thinkers regarded this cruel torture as a typical representative of the cruel punishment in the Middle Ages and made a severe attack on it. In our country, extorting confessions by torture has existed for thousands of years. It has not only seriously violated human rights, but also damaged the reputation of the judicial organs. Extorting confessions by torture has become a persistent disease left over from history and has not been prohibited in judicial practice. Since the founding of New China in 1949, Various legislative and judicial measures prohibiting torture and illegal detention have been gradually adopted. Meanwhile, on December 12, 1986, China signed the Convention against torture and other cruel, inhuman or degrading treatment or punishment, hereinafter referred to as the United Nations Convention against torture. Its aim is to effectively regulate the act of extorting confessions by torture. But in judicial practice every year there are cases of extorting confessions by torture. These shocking typical cases have seriously violated the personal rights of suspects and defendants and destroyed the credibility of the judiciary and the awe of the law by the general public. In order to further improve the rule of law, protect human rights, effectively regulate the occurrence of extortion of confessions by torture. According to the origin, characteristics, history and current situation of extorting confessions by torture, the author makes a deep reflection on legislation and judicial exploration, and legislates on the regulation of extorting confessions by torture. The judicial aspect makes the beneficial summary and the exploration.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925.2

【共引文献】