从法律制度层面防治刑讯逼供的措施研究

刑讯逼供一直以来是司法实务中的顽症之一.本文试图从法律制度层面来探讨我国防治刑讯逼供的措施,即真正确立无罪推定原则,建立有限的沉默权制度,完善当事人获得律师帮助制度;确立直接言词原则,明确警察和证人等出庭作证的义务;完善我国证据立法,确立非法证据排除规则;强化监督特别是重视检察监督和法院的司法审查监督,切实落实对刑讯逼...

Research on the Measures of Preventing Extraction of Confession by Torture from the Perspective of Legal System

Extraction of confession by torture has been one of the persistent ailments in legal affairs. This paper tries to explore the measures of preventing this problem from the perspective of legal system, that is, to truly set up the principle of presumption of innocence, build limited system of right to silence, and perfect the lawyer＂ s assistance system for the litigants; to set up the principle of direct expression, and early define the obligation of the police and witnesses for testimony; to perfect the legislation through evidence and establish the exclusion rules of illegal proofs; and to enforce close supervision, especially procuratorial control and judicial review of the courts, so as to firmly carry out penalty to the behaviors of extracting confession by torture.