刑事诉讼中公安侦查阶段刑讯逼供成因及遏制对策

发布时间：2018-04-28 20:00

本文选题：刑事 + 诉讼中　；参考：《中国政法大学》2004年硕士论文

【摘要】： 严禁在司法活动中刑讯逼供，这在刑事诉讼法中早已有了明确规定。然而，长期以来，刑讯逼供现象却一直困扰着刑事司法工作。这与我国社会主义民主法制日趋完善的形势是极不相称的，不仅侵犯了公民的人身权益，而且严重损害了公安机关的威信、形象和声誉。因此，加大对刑讯逼供犯罪案件的打击力度，有效遏止刑讯逼供现象刻不容缓。刑讯逼供的目的是什么？是为了获取口供。司法人员在办案中偏爱口供，这是一个不争的事实。虽然我国的法律明确规定不得轻信口供，还规定审判不要求必须有被告人的供述，但是在实践中，侦查人员没有口供不结案，检察人员没有口供不起诉，审判人员没有口供不判案的情况屡见不鲜。司法人员对口供的偏爱有深远的历史渊源。当人类所掌握的司法证明手段还不够发达的时候，办案人员自然认为犯罪人或被告人的口供最有证明价值。世界上很多国家都曾经把被告人的口供作为定案的必要证据。例如，中世纪欧洲国家的法律就明文规定被告人口供是“最完整的证据”，是“证据之王”。中国古代也有“断罪必取输服供词”和“无供不录案”等诉讼原则。但是，以口供为“证据之王”的诉讼制度必然导致刑讯逼供的泛滥。且不说贪官污吏常假借刑讯来草菅人命，就连包公等“青天大老爷”也把刑讯视为“看家手段”，动不动就“大刑伺候”，声称“不用大刑，焉得实供”。刑讯逼供很容易造成冤假错案，这是无庸赘述的。早在17世纪的法国，有人就曾经深刻地指出：刑讯是一种绝好的发明。它一方面可以使一个意志薄弱的无辜者被判有罪，另一方面也可以使一个意志坚强的有罪者被判无罪。本文的写作目的就是试图通过对刑讯逼供现象的表现形式、产生原因以及危害的全面分析，得出遏制刑讯逼供的对策。全文共分四个部分：第一部分导论阐述了刑讯逼供的概念。第二部分刑讯逼供的表现形式及危害。从刑讯逼供的三种表现形式以及五方面危害来描述刑讯逼供现象的外部特征，使读者对刑讯逼供现象有一初步认识。第三部分论述的是产生刑讯逼供的原因。刑讯逼供的原因很多，有历史原因、认识原因、立法原因、心理原因，但是笔者认为司法实践中长期以来“由供到证”的办案模式，，对口供的过分依赖是刑讯逼供屡禁不止的重要原因之一。第四部分遏止刑讯逼供的对策。旨在探讨如何避免刑讯逼供的发生。要改变刑讯逼供泛滥这种现状，笔者认为应通过以下途径来解决：首先应加强对侦查人员的培养和教育，提高其综合素质改变有罪推定的思维定势，确立无罪推定观念。其次，强化犯罪 WP=5 嫌疑人的诉讼主体地位，确立相关制度，例如明确无罪推定原则、确立非法证据排除规则、强化律师介入诉讼等。另外，关键的一点是加大刑事诉讼的司法投入，提高司法机关技术装备水平和办案手段中的科技含量，以提高同犯罪做斗争的能力，从而改变围绕犯罪嫌疑人口供找证据，为获取口供而使用刑讯逼供的恶性循环状态。最后是建立健全监督机制，加大对刑讯逼供的查处力度。笔者希望通过对上述对策的采取，将有效遏制刑讯逼供现象的发生，使犯罪嫌疑人、被告人乃至无辜百姓的人身权利和民主权利得到切实保障。?
[Abstract]:It is forbidden to extort a confession by torture in judicial activities, which has long been clearly stipulated in the criminal procedure law. However, for a long time, the phenomenon of extorting the confession by torture has been perplexing the criminal judicial work. This is extremely disproportionate to the increasingly perfect situation of our socialist democratic legal system, which not only invades the personal rights and interests of the citizens, but also seriously damages the public. The prestige, image and reputation of the security organs are increasing. Therefore, it is imperative to intensify the crackdown on torture cases and effectively curb torture.
What is the purpose of extorting a confession by torture? It is for the purpose of obtaining a confession. It is an indisputable fact that the judiciary favors the confession in handling the case. Although the law of our country clearly stipulates that the confession cannot be creduled, the trial does not require the confession of the accused, but in practice, the investigators have no confession and no oral confession, and the prosecutors have no confession. Without prosecution, it is common for judges to have no oral confession or not to judge cases. There is a profound historical origin for the preference of the judiciary. When the judicial testimony of human beings is not developed enough, the case handlers naturally think that the confession of the offender or the accused is the most valuable. For example, the law of the European countries in the Middle Ages stipulates that the supply of the accused is "the most complete evidence", the "king of evidence". In ancient China, there were also the principles of litigation, such as "the confession of the crime must be taken" and "the case of no confession". However, the litigation system of "king of evidence" with the oral confession is necessary. But it is not to say that the corrupt officials often borrow the torture to kill the human life, and even Bao Gong, such as "the old lord of the blue sky", also regarded torture as a "means of seeing a family", and was not moved to "big punishment".
The extortion of confession by torture is easy to cause false and false cases. In France, in seventeenth Century, it was pointed out that torture was an excellent invention. On the one hand, it could make an innocent person with a weak will be convicted. On the other hand, a guilty person with a strong sense of crime could be found innocent. It is through the comprehensive analysis of the manifestations, causes and harm of extorting confessions by torture, and the countermeasures to curb extorting confessions by torture.
The full text is divided into four parts:
The first part is an introduction to the concept of extorting confession by torture.
The second part of the expression and harm of extorting confession by torture. From the three forms of expression of extorting confession by torture and the harm of five aspects to describe the external characteristics of the phenomenon of extorting confession by torture, so that readers have a preliminary understanding of the phenomenon of extorting confession by torture.
The third part discusses the reasons for the extortion of confessions by torture. There are many reasons for the extortion of confessions by torture, such as historical reasons, understanding reasons, legislative reasons and psychological reasons, but the author thinks that the "from the supply to evidence" mode of handling cases in judicial practice for a long time, and the excessive dependence on the confession are one of the important reasons for the repeated prohibition of torture.
The fourth part is to prevent the extortion of confession by torture. The purpose of this study is to avoid the occurrence of extorting confession by torture. To change the current situation of extorting the confession by torture, the author thinks that the following ways should be taken to solve the problem: first, we should strengthen the training and education of the investigators, improve their comprehensive quality and change the presumption of guilt, and establish the concept of presumption of innocence. Secondly, strengthening crime
WP=5
The main position of the suspect's litigation is to establish the relevant system, such as the principle of presumption of innocence, the establishment of the exclusionary rule of illegal evidence, and the strengthening of the lawyer's intervention in litigation. In addition, the key point is to increase the judicial input in the criminal procedure, to improve the level of the technical equipment and to improve the scientific and technological content in the means of the case, so as to improve the struggle against the crime. Ability to change the vicious circle around the suspect to find evidence for the confession by torture, and finally to establish and improve the supervision mechanism, and to increase the investigation and punishment of extorting confession by torture.
The author hopes that through the adoption of the above-mentioned countermeasures, the phenomenon of extorting the confession by torture will be effectively contained, so that the personal rights and democratic rights of the suspects, the accused and even the innocent people will be guaranteed.

【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D917

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