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实证表明,刑讯逼供是冤错案件发生的最主要原因,刑讯逼供的成因复杂,但最根本的原因是有罪推定的思维模式作祟。制度的完善与观念的革新是我国遏制刑讯逼供的两条主要进路,当前制度层面的改进已然空间不大,后续成效有限,必须在观念层面上有所突破。应通过批判和厘清有罪推定及相关错误观念,强化错案自我发现与纠错机制,推动无罪推定的生成、推进和扎根。
Empirical evidence shows that confession by torture is the most important reason for injustice and wrongdoing. The cause of confession by torture is complex, but the most fundamental reason is that the mode of thinking of guilt presumption causes trouble. The perfection of the system and the renovation of the concept are the two major ways to curb the extortion of torture in our country. At present, the improvement at the institutional level is not much room and the subsequent success is limited, and we must make a breakthrough on the conceptual level. It is necessary to promote the formation, promotion and rooting of presumption of innocence by criticizing and clarifying the concept of guilty presumption and related misconceptions, strengthening the mechanism of self-discovery and correction of misjudged cases.