遏制刑讯逼供之我见

发布时间：2018-02-17 02:46

本文关键词： 刑讯逼供特征原因危害对策　出处：《山东大学》2007年硕士论文　论文类型：学位论文

【摘要】： 长期以来,刑讯逼供现象在司法实践中屡禁不止。它严重侵犯公民人身权利,损害正当程序,妨害实体真实,违背无罪推定原则,极易导致司法腐败,造成冤假错案,成为影响我国法治文明与公正的一朵“恶之花”。为此,笔者从依法治国、程序正义和保障人权的角度出发,对刑讯逼供现象进行了认真的法律思考,深刻分析刑讯逼供存在的原因,揭示刑讯逼供的危害,研究探寻刑讯逼供的应对之策和治本机制。这在理论上是十分重要的,在实践上是非常紧迫的,对于促进我国司法文明与公正,维护社会公平与正义,进一步密切警民关系和建设社会主义和谐社会都具有十分重要的意义。本文除了前言及结语之外,共分四个部分: 第一部分是刑讯逼供的概述。主要叙述了有关刑讯逼供的国内外有关的学术观点和立法准则,进而对刑讯逼供的概念进行了界定。接着,阐述了刑讯逼供在各个历史时期的历史运行轨迹,分析了刑讯逼供在我国的现状和特点。第二部分分析刑讯逼供产生的原因。导致刑讯逼供产生的因素是多方面的,既有其社会根源,更有其制度根源。由于建残余思想的影响,司法工作人员法制观念淡薄,急功近利思想突出,执法素质不高,证据制度不完善,破案技术设备落后,查禁力度不大以及长期受“有罪推定”、“等级特权”和“罪从供定”的司法观念影响,“刑讯逼供利大于弊”、“口供是证据之王”等错误观念在司法实践中还颇有市场,致使刑讯现象屡禁不止,难以从根本上杜绝。第三部分客观分析了刑讯逼供的危害。指出刑讯逼供严重侵犯了犯罪嫌疑人和被告人的人权,不利于查清案件的事实真相,降低了办案的效率和效益,增加了办案成本。第四部分是针对刑讯逼供产生的原因,提出了遏制刑讯逼供的对策。遏制刑讯逼供,不仅需要转变执法观念,牢固树立法律至上和尊重保障人权的理念,更需要完善刑事诉讼制度,堵塞法律漏洞。为此,笔者建议从更新观念、完善机制、调整策略、创新措施入手,强化教育培训,增强法制观念,提高执法素质;完善刑事诉讼中的讯问制度,引入沉默权、无罪推定、非法证据排除等规则,确保严格、公正、文明执法;坚持科教强警,加大司法投入,改善技术装备,进一步提高侦查破案的科技含量;强化内外监督制约机制,严肃查处刑讯逼供案件,才能最大限度地减少和遏制此类现象的发生。结语部分是论文的归结。提出只有标本兼治,综合治理,才能将刑讯逼供的危害减少到最低限度,进而实现司法文明,促进社会和谐和执法公正。
[Abstract]:For a long time, the phenomenon of extorting confessions by torture has been repeatedly prohibited in judicial practice. It seriously infringes on the personal rights of citizens, damages due process, impairs the reality of entities, violates the principle of presumption of innocence, easily leads to judicial corruption and results in false and false cases. It has become a "flower of evil" that affects the civilization and justice of rule of law in our country. Therefore, from the point of view of ruling the country by law, procedural justice and safeguarding human rights, the author makes a serious legal consideration on the phenomenon of extorting confessions by torture. It is very important in theory and in practice to deeply analyze the reasons for the existence of extorting confessions by torture, reveal the harm of extorting confessions by torture, and explore the countermeasures and mechanisms to deal with it by torture. It is of great significance to promote judicial civilization and justice, maintain social fairness and justice, further close the relationship between the police and the people and build a harmonious socialist society. In addition to the preface and conclusion, this paper is divided into four parts:. The first part is the summary of extorting confessions by torture. It mainly describes the relevant academic viewpoints and legislative norms about extorting confessions by torture at home and abroad, and then defines the concept of extorting confessions by torture. This paper expounds the historical running track of extorting confessions by torture in each historical period, and analyzes the present situation and characteristics of extorting confessions by torture in China. The second part analyzes the causes of extorting confessions by torture. The factors leading to the extortion of confessions by torture are various, both social and institutional. Due to the influence of residual ideology, the concept of legal system of judicial staff is weak. The thought of quick success and instant benefit is prominent, the quality of law enforcement is not high, the system of evidence is not perfect, and the technical equipment for solving cases is backward. The prohibition is not strong enough and has long been influenced by the judicial concepts of "presumption of guilt", "privilege of rank" and "conviction of crime". The misconceptions such as "extorting confessions by torture outweigh the disadvantages" and "confessions are the king of evidence" still have a market in judicial practice. As a result, the phenomenon of torture repeatedly prohibited, it is difficult to fundamentally eliminate. The third part objectively analyzes the harm of extorting confessions by torture, and points out that extorting confessions by torture seriously infringes the human rights of suspects and defendants, is not conducive to finding out the truth of cases, reduces the efficiency and effectiveness of handling cases, and increases the cost of handling cases. The 4th part is aimed at the causes of extorting confessions by torture, and puts forward countermeasures to curb the extortion of confessions by torture. To curb the extortion of confessions by torture, it is necessary not only to change the concept of law enforcement, but also to firmly establish the idea of the supremacy of law and respect for human rights. It is also necessary to perfect the criminal procedure system and plug the legal loophole. Therefore, the author suggests to start with renewing the concept, perfecting the mechanism, adjusting the strategy, innovating the measures, strengthening the education and training, strengthening the concept of the legal system and improving the quality of the law enforcement; To improve the interrogation system in criminal proceedings, introduce the right to silence, presumption of innocence, exclusion of illegal evidence, and other rules to ensure strict, fair and civilized law enforcement; insist on strengthening the police through science and education, increase judicial input, and improve technical equipment, Only by further improving the scientific and technological content of investigating and solving cases, strengthening the internal and external supervision and restriction mechanism, and strictly investigating and punishing cases of extorting confessions by torture, can the occurrence of this kind of phenomenon be minimized and restrained. The conclusion part is the conclusion of the paper. It is proposed that only by treating both the symptoms and the root causes and comprehensively, can the harm of extorting confessions by torture be reduced to the minimum, and then the judicial civilization be realized, and social harmony and law enforcement justice be promoted.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D918.5

【引证文献】