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刑讯逼供被我国立法所禁止,却是司法实践中普遍存在的现象。排除非法口供是遏制刑讯逼供的方法之一,国外的长期司法实践已经证明是非常有效的。我国排除非法口供规则的运行情况表明,与规则立法预期还存在很大差距。这里有规则本身的不足,也有实际运用中贯彻不到位的问题。弥补不足,铲除障碍,是实现通过排除非法口供达到遏制刑讯逼供的关键。
Extorting confessions by torture is prohibited by our country’s legislation, but it is a common phenomenon in judicial practice. Excluding illegal confession is one of the ways to suppress confession by torture. Long-term judicial practice abroad has proved to be very effective. The situation in China that ruled out the rule of illegal confession shows that there is still a long way to go before the rule legislation is enacted. Here are the shortcomings of the rules themselves, as well as problems that are not fully implemented in practice. To make up for the deficiencies and eliminate the obstacles are the keys to achieving the goal of curbing the extortion of torture by excluding illegal confessions.