一、问题的提出刑讯逼供等非法取证行为已经成为我国刑事诉讼实践中的一大“顽疾”。1996年修订后的刑事诉讼法虽以口号式的条文宣称:严禁刑讯逼供和以威胁、引诱、欺骗以及其他非法的方法收集证据(其后,最高人民法院和最高人民检察院也相继出台司法解释一再重申),但是,由于警方固有的特殊强势地位、侦查中心主义的诉 First, the issue put forward by torture and other illegal forensics behavior has become the practice of criminal law in our country a “stubborn disease.” Although the slogan of the Criminal Procedure Law, as amended in 1996, declared that it is strictly forbidden to extort confessions by torture and to collect evidence by threats, seduction, deception and other illegal methods (since then, the Supreme People’s Court and the Supreme People’s Procuratorate successively introduced judicial interpretations Reiterated), however, due to the inherent peculiarities of the police, detective-centered claims