相比于从根本上罔顾事实真相的神示证据制度,刑讯逼供在探寻事实本身这一方面可谓是有所进步的,作为伴随了人类文明几千年的制度,如果没有与之适应的土壤,很难想象能存续如此之长的时间,并且至今依然难以根治。许多文章都从人权保障,公平正义等方面出发对刑讯逼供提出了批判,笔者最近阅读了黄仁宇先生所著的《万历十五年》,小受启发,将试图在宏观上,从古代权力运作模式和松散的社会结构出发,浅谈刑讯逼供的出现以及长时间存续的原因,以及对当代刑讯逼供 Compared with the system of divine evidence which basically ignores the factual truth, torture can be improved in exploring facts as a matter of fact. As a system accompanied by human civilization for thousands of years, if there is no suitable soil for adaptation, It is hard to imagine that it will last so long and is still difficult to cure to this day. Many articles have criticized the confession by torture in the aspects of human rights protection, fairness and justice. Recently, I read the “Wanli Fifteen Years” written by Mr. Huang Renyu and inspired by the small, And loose social structure, talk about the emergence of confession by torture and the reasons for prolonged survival, as well as the contemporary confession by torture