从古至今,刑讯逼供问题一直都存在,是多年以来我国刑事诉讼法学界所探讨的热点问题,由于在司法实践中很难根除,使其成为我国刑事诉讼法中难以攻克的难题。刑讯逼供现象的存在不仅仅是对国家法治的严重践踏,更重要的是对人权的侵害。本文通过对刑讯逼供的简要分析,试图从程序和立法上构建一套预防机制,来遏制刑事司法实践中经常发生的刑讯逼供问题,以便更好的达到保障人权的目的。 Since ancient times, the problem of extorting confessions by torture has always existed. It is a hot issue discussed by criminal law jurisprudence in China for many years. It is difficult to eradicate it in judicial practice, making it a difficult problem to overcome in China’s criminal procedural law. Existence of the phenomenon of torture is not only a serious violation of the rule of law in the country, but more importantly, a violation of human rights. Through a brief analysis of extorting a confession by torture, this article attempts to construct a set of prevention mechanism from the procedural and legislative points to curb the torture that often occurs in the practice of criminal justice in order to better achieve the goal of safeguarding human rights.