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废除刑讯逼供是中国共产党和政府一贯的立场和政策,但60年来我们却始终面临着实践与话语背离的困境。新中国建立前30年,我们主要凭借党的纪律和组织网络,以业务学习、思想教育、道德强化和政治运动等德治的手段和技术来治理刑讯逼供,虽也取得了一定成绩,但整体效果不佳,刑讯逼供的数量和规模均空前绝后。晚近30年来思想的解放、话语的转换,国人对刑讯逼供的容忍程度日趋降低,德治和法治两手并用,刑讯逼供案件的数量有所下降。总结我们治理刑讯逼供60年的经验,有三点需要铭记:一是要废除刑讯逼供就必须牢固树立尊重和保障所有人的人权的理念;二是治理刑讯逼供,离不开司法人员道德上的自觉,但最关键的还是要借助法制手段;三是治理刑讯逼供离不开先进的物质技术手段。只有同时在此三方面着力,我们才能最终摆脱刑讯逼供的梦魇。
Abolition of torture by torture is a consistent position and policy of the CPC and the government. However, for 60 years, we have always been facing the dilemma of deviating from practice and discourse. In the first 30 years after the founding of New China, although we mainly achieved the results of extorting a confession by torture with the means and techniques of business administration, ideological education, moral strengthening and political campaigning, which are mainly based on the discipline and network of the party, we have achieved some success. However, overall Poor results, the number and size of torture by torture are unprecedented. In the recent 30 years, the emancipation of minds and the conversion of discourse have gradually reduced the people’s tolerance of confessions by torture. The combination of the rule by virtue and the rule of law reduced the number of cases of torture by torture. To summarize our 60 years of experience in the practice of extorting a confession by torture, there are three important points to bear in mind: First, to abolish extorting a confession by torture, we must firmly establish the concept of respecting and safeguarding the human rights of all; and secondly, to administer confession by torture is inseparable from the moral consciousness of judicial personnel , But the most crucial thing is to resort to the means of legal system. The third is that it is inseparable from the advanced material and technological means to administer torture. Only by focusing on these three areas at the same time can we finally get rid of the nightmare of torture.