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近几年,刑讯逼供的案例不断涌现,赵作海案更是在全国引起了轰动。众所周知,刑法的目的在于保护无罪的人不受非法侵害,而保护有罪的人不受法外制裁却时常进入不了人们的视野。刑讯逼供结案率悬于高位,与法律保障人权的宗旨相悖。本文拟以沉默权和非法言词证据排除的现状及缺陷为出发点提出完善措施,希冀对保护人权有所裨益。
In recent years, cases of forced extortion by torture continue to emerge. The case of Zhao Zuohai even caused a sensation throughout the country. It is well known that the purpose of criminal law is to protect innocent people from unlawful infringement and to protect guilty persons from extra-legal sanctions, they often fail to reach people’s perspectives. The case of torture by torture is at a high level, contrary to the principle that the law guarantees human rights. This article intends to put forward perfect measures based on the status quo and defects of the right to silence and the exclusion of illegitimate evidence, hoping to benefit human rights protection.