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刑讯逼供是我国人权保障和法治建设进程的一大绊脚石,其产生有主观和客观两方面的原因。侦查人员主观上仍受一些传统法文化影响,人权和法治观念淡薄,迷信口供且急功近利,这是刑讯逼供的主观成因。客观原因则主要是我国关于刑讯逼供的实体法存在漏洞,以及程序法在制约侦查行为上的失效。基于此,防治刑讯逼供需要对侦查人员进行现代刑事司法理念的教育,纠正他们主观上的错误。此外,需要完善立法,发挥法律的监督作用,使侦查权在法律的框架内合法行使,从而遏制刑讯逼供。
Extorting a confession by torture is a stumbling block to the process of building human rights and the rule of law in our country. It produces both subjective and objective reasons. Investigators are still subjectively influenced by some traditional legal cultures, with weak human rights and the rule of law, superstitious statements of contention and quick success, which are the subjective causes of confession by torture. The objective reasons are mainly the existence of loopholes in the substantive law on the extorting of confessions by torture in our country and the failure of the procedural law in restricting the investigating acts. Based on this, the prevention and punishment of torture needs to educate investigators on the concept of modern criminal justice and correct their subjective mistakes. In addition, it is necessary to improve the legislation and give play to the supervisory role of the law so that the investigative power can be legally enforced within the framework of the law so as to curb torture.