近年来世界各国的刑法改革均已将人权保护,包括刑事被追诉人的权利保护纳入法治建设的核心之中,如美国不仅以联邦宪法《权利法案》的形式将公民刑事诉讼的基本权利上升至宪法层面,更在刑法中与之相辉映规制。荚国还对死刑、量刑幅度过重、对残酷刑救济等在刑法中作出了明确规制。我国的刑事法治建设在禁止残酷刑方面具有死刑量逐年减少、死刑适用限制严格以及适用量刑规范化限制不正常加重刑罚等多方面的优势,但实践中仍存在刑讯逼供、刑法欠缺禁止残酷刑的原则性规定。缺乏对精神残酷刑规制以及相关权利救济规定不明确、未上升至宪法高度等问题。因此.与我国相关立法相比较,美国的立法与司法经验具有一定借鉴价值。 In recent years, the criminal law reform in all countries of the world has included the protection of human rights including the protection of criminal prosecutors into the core of the rule of law. For example, the United States not only raised the basic rights of civil criminal proceedings in the form of the Bill of Rights Constitutional level, but also in the criminal law with the relevant regulations. Podocarpus is also on the death penalty, sentencing amplitude is too heavy, cruel torture relief in the criminal law made a clear regulation. In our country, the construction of criminal law has many advantages such as reducing the death penalty year by year, applying the strict death penalty penalty, and applying the normalization of the sentencing penalty, which aggravates the penalties and others. However, there is still the principle of torture in practice, and the criminal law lacks the principle of prohibiting cruel torture Sexual provisions. Lack of regulation of mental cruelty and related rights relief provisions is not clear, did not rise to the issue of constitutional height and so on. Therefore, compared with the relevant legislation of our country, the legislation and judicial experience in the United States have certain reference value.