刑讯逼供这种收集证据的方式和手段,在人类诉讼的历史上存在了数千年,随着诉讼制度逐步走向理智和文明,刑讯逼供的取证方式已逐步被否定,在法律制度上已被废除。但是在司法实践中,无论是我国还是国外,刑事侦查中刑讯逼供现象都屡禁不绝。对个中缘由,中外学者已多有论述。但笔者认为,这些论述 Extorting confessions by torture has existed for thousands of years in the history of human litigation. As the litigation system has gradually moved toward rationality and civilization, the way of evidence collection for confession by torture has been gradually denied and the legal system has been abolished . However, in judicial practice, whether in our country or abroad, the phenomena of torture in criminal investigation are repeatedly banned. On the reason, Chinese and foreign scholars have more discussion. However, I think that these expositions