刑讯逼供的原因及防范对策
发布时间：2018-11-28 19:40
【摘要】： 随着依法治国方略的实施、社会主义法制建设的不断深入，人们法律意识不断增强，刑事司法公正的问题受到越来越多的关注，而它又包括了实体公正和程序公正，其中，程序公正是法律实施、司法改革的难点、弱点和热点。在司法实践中，刑讯逼供是违反司法程序公正的突出现象。如何减少刑讯逼供，学术界作了大量而有益的探讨。本文概述了刑讯逼供的历史演进，对比古今、中外的文化、刑事司法制度，分析了刑讯逼供的原因，，并在此基础上，提出了针对性的司法改革措施，以实现现代公正、文明执法。 本文共分三大部分： 第一部分：从中国社会发展史角度，阐明了刑讯逼供的历史演进。 第二部分：通过古今、中外的文化传统、民族及个人性格、现行诉讼制度的对比研究，分析了传统文化、人性以及我国现行的审问式诉讼模式、证据采信规则、行为条件等刑讯逼供屡禁不止的多方原因。 第三方面：借鉴国际社会对防治刑讯逼供的有益经验，结合我国实际，提出减少甚至杜绝刑讯逼供的措施：赋予沉默权实施无罪推定理念、完善证据采信规则、加强对称刑事案件调查者的法律制约以及侦查人员对犯罪嫌疑人、被告人强制性隔离审讯等。
[Abstract]:With the implementation of the strategy of governing the country according to law and the deepening of the construction of socialist legal system, people's legal consciousness is constantly strengthened, and the issue of criminal judicial justice is paid more and more attention, and it includes substantive justice and procedural justice, among which, Procedural justice is the difficulty, weakness and hot spot of law enforcement and judicial reform. In judicial practice, extorting confessions by torture is a prominent phenomenon of violating judicial procedural justice. How to reduce the extortion of confessions by torture, academic circles have made a lot of useful discussions. This paper summarizes the historical evolution of extorting confessions by torture, compares ancient and modern cultures, Chinese and foreign cultures, and criminal justice systems, analyzes the causes of extorting confessions by torture, and, on this basis, puts forward targeted judicial reform measures in order to realize modern justice. Civilized law enforcement This paper is divided into three parts: the first part: from the perspective of the history of Chinese social development, expound the historical evolution of extorting confessions by torture. The second part: through the comparative study of ancient and modern, Chinese and foreign cultural tradition, national and individual character, and current litigation system, it analyzes the traditional culture, human nature and the current interrogation mode of litigation in our country, and the rules of evidence acceptance. The behavior condition and so on extorts the confession by torture the many reasons which the repeated prohibition does not stop. The third aspect: draw lessons from the beneficial experience of the international community to prevent and cure confessions by torture, combined with the reality of our country, put forward measures to reduce or even stop extorting confessions by torture: giving the right to silence to carry out the concept of presumption of innocence, perfecting the rules of evidence acceptance. To strengthen the legal restriction of symmetrical criminal case investigators and the mandatory segregated interrogation of criminal suspects and defendants by investigators.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D917
本文编号：2364067
[Abstract]:With the implementation of the strategy of governing the country according to law and the deepening of the construction of socialist legal system, people's legal consciousness is constantly strengthened, and the issue of criminal judicial justice is paid more and more attention, and it includes substantive justice and procedural justice, among which, Procedural justice is the difficulty, weakness and hot spot of law enforcement and judicial reform. In judicial practice, extorting confessions by torture is a prominent phenomenon of violating judicial procedural justice. How to reduce the extortion of confessions by torture, academic circles have made a lot of useful discussions. This paper summarizes the historical evolution of extorting confessions by torture, compares ancient and modern cultures, Chinese and foreign cultures, and criminal justice systems, analyzes the causes of extorting confessions by torture, and, on this basis, puts forward targeted judicial reform measures in order to realize modern justice. Civilized law enforcement This paper is divided into three parts: the first part: from the perspective of the history of Chinese social development, expound the historical evolution of extorting confessions by torture. The second part: through the comparative study of ancient and modern, Chinese and foreign cultural tradition, national and individual character, and current litigation system, it analyzes the traditional culture, human nature and the current interrogation mode of litigation in our country, and the rules of evidence acceptance. The behavior condition and so on extorts the confession by torture the many reasons which the repeated prohibition does not stop. The third aspect: draw lessons from the beneficial experience of the international community to prevent and cure confessions by torture, combined with the reality of our country, put forward measures to reduce or even stop extorting confessions by torture: giving the right to silence to carry out the concept of presumption of innocence, perfecting the rules of evidence acceptance. To strengthen the legal restriction of symmetrical criminal case investigators and the mandatory segregated interrogation of criminal suspects and defendants by investigators.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：D917
【引证文献】
相关硕士学位论文 前1条
1 李雪瑞;看守所中立研究[D];复旦大学;2011年
本文编号：2364067
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