摘要
在中国传统侦查中,"讯"与"供"构成一对相反相成的共同体,传统侦查人员、犯罪嫌疑人、被害人、证人等不同诉讼角色参与其间,在不断的互动中完成传统侦查的中心任务——查明案情、收集证据和捕获犯罪嫌疑人。传统侦查奉行"有罪推定"、"无供不录罪",对"供"的高度关注使得"讯"获得了巨大的生存和发展的空间,犯罪嫌疑人、被害人和证人动辄遭侦查人员的拷讯,刑讯制度渐臻发达。中国传统法律规定了拷讯的对象、使用条件和具体运作,并且也规定了对违制拷讯行为的惩戒机制,但并没有阻却传统侦查实践中肆虐的违制拷讯。
In Chinese traditional criminal investigation, ancient judicial officers, suspects, victims and witnesses took part in procedure of criminal investigation. ＂Confess＂ and ＂interrogation＂ were both opposite and complementary to each other. Due to insufficient knowledge and low-developed forensic technology in Chinese traditional society, the staff paid more attention to the verbal evidence than material evidence. Under the traditional ＂authority principle＂ criminal procedural mode, ＂presumption of guilt＂ was very popular. Confession was considered as ＂King Evidence＂. Suspects, victims and witnesses often were forced to confess by torture. All of these cultivated the highly-developed system of＂Extort Confession by Torture＂.
出处
《犯罪研究》
2009年第1期21-27,共7页
Chinese Criminology Review
关键词
“讯”
“供”
传统拷讯
违制拷讯
Confession
Interrogation
Chinese traditional system of ＂extort confession by torture＂
extort confessions by torture illegitimacy
