刑讯逼供虽是一个顽症 ,但绝不是绝症。审视我国刑讯逼供现象 ,虽然引起的原因具有多样性 ,但根本的原因在于法律制度本身 ,如“罪从判定”、“毒树之果”、“应当如实回答”、侦查监督机制不健全、讯问程序上的立法成本过高、刑讯逼供罪名界定不明确等。因此 ,要根绝刑讯逼供现象 ,关键在于建立健全科学完善的法律制度。 Although torture is a chronic problem, it is by no means an incurable disease. Examining the phenomena of forced extorting of torture in our country, although the causes are manifold, the fundamental reason is that the legal system itself, such as “crime from judgment”, “poisonous tree”, “should truthfully answer”, the mechanism of investigation and supervision is not sound, The procedural cost of legislation is too high, the definition of torture is not defined clearly and so on. Therefore, the key is to establish and perfect a sound scientific and perfect legal system.