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随着社会的进步和人类文明的发展,世界刑事诉讼制度呈现文明化和民主化的趋势,刑讯逼供作为一种严重侵犯人权、损害正当程序的审讯方法,已经在世界各国法律规定或判例中被禁止。但是在司法实践中,刑讯逼供现象却屡禁不止,冤假错案不断发生,对社会产生了极大的负面影响,本文将在分析该现象产生原因的基础上提出几点遏制对策。
With the progress of society and the development of human civilization, the world’s criminal procedure system has become civilized and democratized. As a method of interrogation that seriously violates human rights and undermines due process, confession by torture has been taken into account in the laws and precedents of various countries in the world Prohibited. However, in the judicial practice, the phenomenon of forced extortation by torture has been repeatedly banned. The unjust fallacies continue to occur, which have a tremendous negative impact on the society. Based on the analysis of the causes of this phenomenon, this paper presents some countermeasures.