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刑讯逼供是社会历史发展和经济、技术约束的产物。历史上的刑讯逼供是国家在面对犯罪损失时,在国家财政和技术能力的约束下,为了最小化犯罪追诉和证明的成本而作出的理性选择,而且刑讯逼供也受到严格的制度约束,以最小化冤案概率,因此它并非从来就是“恶”的。只是由于历史的发展使人们有了更好的方式以更低成本证明犯罪,刑讯逼供才成为一种“恶”。遏制刑讯逼供关键在于努力创造条件化解犯罪追诉的压力,同时提高犯罪证明的能力,如此才能消除其生存的土壤。
Extorting a confession by torture is a product of social and historical development and economic and technological constraints. The historical confession by torture is a rational choice made by the state in the face of the crime loss, under the constraints of state financial and technological capabilities, in order to minimize the cost of criminal prosecution and certification, and the confession by torture is also subject to a strict system of Minimize the probability of injustice, so it is not always “evil”. Just because the development of history has given people a better way to prove their crimes at a lower cost, torture by torture has become “evil”. The key to curbing the excesses of torture lies in trying to create the conditions for resolving the pressure of criminal prosecutions while improving the ability of criminal proofs so that the soil for their survival can be eliminated.