酷刑:以人权为视角的思考

在现代 ,酷刑是一种公认的国际犯罪。但从历史的角度看 ,酷刑则经历了从法定对付犯罪人、犯罪嫌疑人的手段到在国内法中受到冷落乃至在世界范围内被全面禁止的演变。事实上 ,酷刑罪的产生是人权理念兴起的必然结果 ;禁止酷刑公约的签定是人权保护具体化的重要步骤。鉴于此 ,有效遏制酷刑也应从积极接受人权理念、完善人权保障机制以及加强人权教育与自觉抵制酷刑等方面入手。

Reflection Torture Punishment from Human Rights'Angel

At present, torture punishment is a kind of acknowledged international crime. However, thinking torture punishment in historical view, we can witness its process of evolution: as a statutory measure towards offender and the suspected at first, then ignored in the domestic law later and all-out prohibited in the world scale, nowadays. In fact, the birth of torture crime is an inevitable result of rising of human rights' ideology. The signing of the Convention against Torture is an important step for the specificity of human rights' protection. In author's view, for effectively keeping torture punishment within limits, we should begin with it as following measures: accept human rights' concept positively, perfect human rights' mechanism and strengthen education on human rights, etc