论刑讯逼供的产生原因及其遏止措施
发布时间：2018-07-25 07:24
【摘要】：刑讯逼供曾经作为国家司法机关获取犯罪嫌疑人口供的有效方式而合法存在。随着社会的进步、人类文明的发展，刑讯逼供因其巨大的危害性，为世界各国所明令禁止，受到了现实的批判和法律的惩处。然而司法实践中，刑讯逼供却屡禁不止。 作为一名生活在注重保障人权时代的现代人，更作为一名法律学人，对此现象倍感忧虑。尽管已有众多人士对此问题进行了深入研究，仍然不揣浅陋，将此作为自己的毕业论文选题。因为我相信，只要刑讯逼供未从司法实践中销声匿迹，对此问题的关注就是必须的。 本文除了前言及结语之外，共分三大部分： 第一部分概述，主要论述了刑事诉讼中侦查讯问的目的及其必要性：侦查讯问既有利于侦查破案，又有利于保护犯罪嫌疑人的合法权益。然而司法实践中讯问却被异化为刑讯逼供，，进而对刑讯逼供进行了界定，大致讨论了其历史、现状以及危害。 第二部分探索刑讯逼供屡禁不止的原因。刑讯逼供广泛存在于司法实践中，既有其社会根源，更有其制度根源。中国传统的儒家思想、为广大民众所信奉的佛教因果报应论以及历来偏差的诉讼价值理念，使得刑讯逼供有着深厚的社会根源。而观念决定态度，强调打击犯罪的出发点使得我国刑事诉讼制度一方面赋予侦查机关几乎无所限制的权力，另一方面却相对匮于对犯罪嫌疑人、被告人的人权给予保护。两相夹击，刑讯逼供因而频频现身。 第三部分笔者针对刑讯逼供的产生原因，提出了遏制刑讯逼供的措施。遏
[Abstract]:The extortion of confession by torture was an effective way to obtain the confession of criminal suspects by the state judiciary. With the progress of the society, the development of the human civilization, the extortion of confession by torture, because of its great harmfulness, was forbidden by all countries in the world and punished by the realistic criticism and the law. However, in judicial practice, the extortion of confession by torture has been banned repeatedly. Not only.
As a modern man who lives in the era of safeguarding human rights, he is more concerned about the phenomenon. Although many people have studied this problem deeply, we still don't think so, because I believe that as long as torture does not disappear from judicial practice, I believe that, The concern of this question is necessary.
In addition to the preface and conclusion, this paper is divided into three parts:
The first part is an overview of the purpose and necessity of investigation and interrogation in criminal proceedings. Investigation and interrogation not only benefit the investigation of cases, but also help to protect the legitimate rights and interests of the criminal suspects. However, interrogation in judicial practice is dissimilated as extorting the confession by torture, and then defines the forced confession of torture, and roughly discusses its history and present situation. And harm.
The second part explores the cause of repeated prohibition of extorting confession by torture. Extorting confession from torture widely exists in judicial practice, which has its social root and its institutional root. On the one hand, the criminal procedure system of our country has given the investigative organs almost unlimited power, on the other hand, it is relative to the protection of the human rights of the criminal suspects and the accused, and the two phase attack and the extortion of confession by torture are frequent.
In the third part, the author puts forward some measures to curb extorting confession by torture.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917
本文编号：2143068
[Abstract]:The extortion of confession by torture was an effective way to obtain the confession of criminal suspects by the state judiciary. With the progress of the society, the development of the human civilization, the extortion of confession by torture, because of its great harmfulness, was forbidden by all countries in the world and punished by the realistic criticism and the law. However, in judicial practice, the extortion of confession by torture has been banned repeatedly. Not only.
As a modern man who lives in the era of safeguarding human rights, he is more concerned about the phenomenon. Although many people have studied this problem deeply, we still don't think so, because I believe that as long as torture does not disappear from judicial practice, I believe that, The concern of this question is necessary.
In addition to the preface and conclusion, this paper is divided into three parts:
The first part is an overview of the purpose and necessity of investigation and interrogation in criminal proceedings. Investigation and interrogation not only benefit the investigation of cases, but also help to protect the legitimate rights and interests of the criminal suspects. However, interrogation in judicial practice is dissimilated as extorting the confession by torture, and then defines the forced confession of torture, and roughly discusses its history and present situation. And harm.
The second part explores the cause of repeated prohibition of extorting confession by torture. Extorting confession from torture widely exists in judicial practice, which has its social root and its institutional root. On the one hand, the criminal procedure system of our country has given the investigative organs almost unlimited power, on the other hand, it is relative to the protection of the human rights of the criminal suspects and the accused, and the two phase attack and the extortion of confession by torture are frequent.
In the third part, the author puts forward some measures to curb extorting confession by torture.
【学位授予单位】：四川大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917
【引证文献】
相关硕士学位论文 前2条
1 王璞;论刑讯逼供及其遏制[D];黑龙江大学;2011年
2 王卫光;刑讯逼供原因及其预防[D];山东大学;2012年
本文编号：2143068
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