刑讯逼供的原因和对策
发布时间：2018-08-08 21:04
【摘要】：刑讯逼供，是指司法工作人员对犯罪嫌疑人、被告人使用肉刑或者变相肉刑，以获取其供述的一种极恶劣的审讯方法。虽然我国法律已明文规定禁止刑讯逼供，但在司法实践中刑讯逼供仍相当程度的存在。刑讯逼供不仅是导致冤假错案的直接原因，另一方面刑讯逼供也使得公安司法机关在人民心目中的形象、权威受损。鉴于此，探讨刑讯逼供的问题，具有极大的现实意义。刑讯逼供作为一种野蛮、愚昧的办案方式，，为现代法制文明所不耻。从16世纪欧洲资产阶级民主革命反对封建残暴司法，从1912年孙中山先生颁布法令宣布废除刑讯逼供，刑讯逼供已经为各国法律所严厉禁止。然而，时至今日，刑讯逼供并未绝迹，在我国依然普遍存在，屡禁不止，刑讯逼供已经成为我国建设现代化法治国家的一个重要屏障。本文从刑讯逼供的概念、性质入手，立足刑讯逼供的现实状况和危害，通过剖析刑讯逼供发生的原因，借鉴各国防治之经验，结合我国的实际情况，从法律制度和司法实践两个方面提出了遏制刑讯逼供的对策希望能给司法机关建立遏制刑讯逼供的有效机制，保护犯罪嫌疑人、被告人的人权提供有益的参考。 刑讯逼供作为一种违法犯罪行为，既侵犯了公民的人身权利，增加了改造罪犯的难度，又容易造成积案、疑案，甚至酿成冤假错案，危害甚重，应该坚决予以摒弃。刑讯逼供发端于奴隶制时期，根植于封建社会，可谓“根深蒂固”。在现代社会，滋生刑讯逼供的原因是多方面的。从历史的角度看，主要是受封建社会“罪从供定”证据制度的影响，司法人员仍然存在封建特权思想，有罪推定的的流毒尚未肃清；从客观上来说，司法机关自身对刑讯逼供的打击处理不力，办案人员政治业务素质低，侦查人员数量少、任务重、压力大，监督不到位；从主观上讲是侦查机关的负责人和侦查人员对刑讯逼供还存在认识上的错误，认为刑讯逼供“无大错”、对侦查办案“管用”；从现行法律制度上分析，在立法上，《刑事诉讼法》规定侦查机关同时具有对犯罪嫌疑人采取强制措施和侦查取证的双重权力，使侦查活动处于不公开的、无法监督的情形；同时，规
[Abstract]:Extorting confessions by torture means that judicial staff use corporal punishment or disguised corporal punishment to obtain confessions of criminal suspects and defendants in order to obtain a very bad interrogation method. Although the law of our country has explicitly prohibited extorting confessions by torture, it still exists to a certain extent in judicial practice. Extorting confessions by torture is not only the direct reason leading to false and false cases, but also impairing the image and authority of the public security and judicial organs in the eyes of the people. In view of this, it is of great practical significance to discuss the problem of extorting confessions by torture. Extorting confessions by torture, as a barbarous and ignorant way of handling cases, is not ashamed of modern legal civilization. The bourgeois democratic revolution in Europe in the 16th century opposed feudal and brutal justice, and in 1912, Mr. Sun Zhongshan issued a decree declaring the abolition of extortion of confessions by torture, which has been strictly prohibited by the laws of all countries. However, until now, extorting confessions by torture has not disappeared, and it still exists in our country. It has become an important barrier to the construction of a modern country ruled by law. This article starts with the concept and nature of extorting confessions by torture, based on the actual situation and harm of extorting confessions by torture, analyzes the causes of extorting confessions by torture, draws lessons from the experiences of prevention and cure in various countries, and combines the actual situation of our country. From the legal system and judicial practice, this paper puts forward some countermeasures to curb the extortion of confessions by torture in the hope that it can provide a useful reference for the judicial organs to establish an effective mechanism to curb the extortion of confessions by torture and to protect the human rights of criminal suspects and defendants. Extorting confessions by torture, as an illegal and criminal act, not only infringes on citizens' personal rights, increases the difficulty of reforming criminals, but also easily results in accumulated cases, suspicious cases and even cases of unjust falsehood and error, which are very harmful and should be resolutely abandoned. Extorting confessions by torture originated during slavery and was rooted in feudal society. In modern society, there are many reasons for producing confessions by torture. From the historical point of view, it is mainly influenced by the system of evidence of "crime for conviction" in feudal society, judicial personnel still have feudal privilege thought, the poison of presumption of guilt has not been cleared up; objectively speaking, The judicial organs themselves do not deal well with the crackdown on extorting confessions by torture, the quality of the political business of the case handlers is low, the number of investigators is small, the task is heavy, the pressure is great, and the supervision is not in place; Subjectively speaking, the person in charge of the investigation organ and the investigators still have errors in understanding the extortion of confessions by torture. They think that there is no big mistake in extorting confessions by torture, which is "useful" to the investigation and handling of cases; an analysis is made from the current legal system. In terms of legislation, the Criminal procedure Law stipulates that the investigative organs have the dual power to take compulsory measures against criminal suspects and to obtain evidence from investigation at the same time, so that the investigation activities are closed and cannot be supervised; at the same time,
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917;D925.2
本文编号：2173032
[Abstract]:Extorting confessions by torture means that judicial staff use corporal punishment or disguised corporal punishment to obtain confessions of criminal suspects and defendants in order to obtain a very bad interrogation method. Although the law of our country has explicitly prohibited extorting confessions by torture, it still exists to a certain extent in judicial practice. Extorting confessions by torture is not only the direct reason leading to false and false cases, but also impairing the image and authority of the public security and judicial organs in the eyes of the people. In view of this, it is of great practical significance to discuss the problem of extorting confessions by torture. Extorting confessions by torture, as a barbarous and ignorant way of handling cases, is not ashamed of modern legal civilization. The bourgeois democratic revolution in Europe in the 16th century opposed feudal and brutal justice, and in 1912, Mr. Sun Zhongshan issued a decree declaring the abolition of extortion of confessions by torture, which has been strictly prohibited by the laws of all countries. However, until now, extorting confessions by torture has not disappeared, and it still exists in our country. It has become an important barrier to the construction of a modern country ruled by law. This article starts with the concept and nature of extorting confessions by torture, based on the actual situation and harm of extorting confessions by torture, analyzes the causes of extorting confessions by torture, draws lessons from the experiences of prevention and cure in various countries, and combines the actual situation of our country. From the legal system and judicial practice, this paper puts forward some countermeasures to curb the extortion of confessions by torture in the hope that it can provide a useful reference for the judicial organs to establish an effective mechanism to curb the extortion of confessions by torture and to protect the human rights of criminal suspects and defendants. Extorting confessions by torture, as an illegal and criminal act, not only infringes on citizens' personal rights, increases the difficulty of reforming criminals, but also easily results in accumulated cases, suspicious cases and even cases of unjust falsehood and error, which are very harmful and should be resolutely abandoned. Extorting confessions by torture originated during slavery and was rooted in feudal society. In modern society, there are many reasons for producing confessions by torture. From the historical point of view, it is mainly influenced by the system of evidence of "crime for conviction" in feudal society, judicial personnel still have feudal privilege thought, the poison of presumption of guilt has not been cleared up; objectively speaking, The judicial organs themselves do not deal well with the crackdown on extorting confessions by torture, the quality of the political business of the case handlers is low, the number of investigators is small, the task is heavy, the pressure is great, and the supervision is not in place; Subjectively speaking, the person in charge of the investigation organ and the investigators still have errors in understanding the extortion of confessions by torture. They think that there is no big mistake in extorting confessions by torture, which is "useful" to the investigation and handling of cases; an analysis is made from the current legal system. In terms of legislation, the Criminal procedure Law stipulates that the investigative organs have the dual power to take compulsory measures against criminal suspects and to obtain evidence from investigation at the same time, so that the investigation activities are closed and cannot be supervised; at the same time,
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917;D925.2
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本文编号：2173032
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