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刑讯逼供事实上在我国目前的状态可谓“久禁未绝”。这其中,固然存在着刑事司法传统的强大刑讯惯性以及破案压力、侦查技术水平低下等实际困难,但最根本的原因在于我国侦讯程序正当性的缺失,即根本原因在于制度设计的失衡、缺位。本文认为克服这一现象关键之处在于完善侦讯程序。
In fact, the current situation in our country can be described as “long time no end ”. However, the fundamental reason lies in the imbalance of system design, the lack of legitimacy of the procedure of investigation and prosecution in our country. However, there are still some problems in criminal law, such as the inertia of torture, the pressure of solving crimes and the low level of investigative techniques. Bit. This article argues that the key to overcoming this phenomenon lies in improving the interrogation procedures.