中华帝国刑事诉讼中的刑讯逼供

Aleksandr Dan'shin
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引用次数: 0

摘要

本文论述了中国传统刑事诉讼中刑讯逼供制度。这项研究的特点是立法文件,以及关于酷刑规则和实践分析的法官的官方和非官方手册。唐朝lü《唐律》是唐朝的一部刑法典,可以追溯到公元653年。在1912年清帝国灭亡之前,中国的极端审讯标准一直没有发生根本性的变化。笔者驳斥了一种普遍的观点,即中国帝国时期刑事案件证据制度中普遍采用强化审讯的方法。事实上,刑讯逼供从来就不是中国刑法的缓刑制度。酷刑是获取供词的合法手段,但它总是被认为是最后的手段。此外,从儒家关于人性和慷慨的观点来看,极端的审讯是不可取的。中国的刑事诉讼程序与宗教调查程序具有相似的特征,可能与西班牙的宗教调查程序有很多共同之处,尽管不能这样认为,因为总是优先考虑自愿供述,并且可以在没有供述的情况下判刑,仅基于证人的证词和一系列其他证据。违反酷刑规则总是要受到严厉的刑事处罚;然而,滥用它们在中国朝廷是一种常见的做法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Confession under Torture in the Criminal Proceedings of Imperial China
The article describes the institution of confession under torture in the criminal proceedings of traditional China. The research featured legislative documents, also official and unofficial manuals for judges with torture rules and practice analysis. Tang lü shu yi, or Criminal Regulations of the Tan with Explanations, was a criminal code of the Tang dynasty which dated back to 653 AD. Its standards of extreme interrogation were applied without fundamental changes until the collapse of the Qing Empire in 1912. The author refutes the popular opinion that the method of enhanced interrogation prevailed in the system of evidence in criminal cases in imperial China. In fact, confession under torture was never the regina probationum of the Chinese criminal law. Torture was a legal means of obtaining a confession, but it was always considered a last resort. Moreover, extreme interrogation was undesirable from the standpoint of Confucian ideas about humanity and generosity. Chinese criminal proceedings have similar features to the inquisition proceedings might have had a lot in common with Spanish inquisitional processes, although it cannot be considered as such, since preference has always been given to voluntary confession, and the sentence could be passed without confession, based only on the testimony of witnesses and a set of other evidence. Violation of torture rules always caused severe criminal penalties; however, their abuse was a common practice in imperial Chinese courts.
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