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1.
我国对刑讯逼供明令禁止,但刑讯逼供在司法实践中屡屡发生.从佘祥林"杀妻"案、陕西省丹凤县"高中生受审猝死案"、昆明小学生.卖淫"案等这些全国影响较大的案件中可以看出,刑讯逼供如不加以有效遏制,势必破坏我国司法改革进程,影响社会稳定.本文旨在通过对刑讯逼供存在的根源进行分析,进而探索防治刑讯逼供的有效策略和途径. 相似文献
2.
近年来,随着"佘祥林案"、"赵作海案"等一批刑讯逼供案件的曝光,司法机关在审理刑事案件过程中使用刑讯逼供等暴力手段的非法行为再次引起了司法界以及社会各界的广泛关注.刑讯逼供等暴力行为具有很强的破坏力,对于社会主义法制建设有着极为严重的负面影响.本文通过对于刑讯逼供的含义、构成要素、产生因素、社会危害进行分析,对如何防范刑讯逼供行为进行了研究和思考. 相似文献
3.
张云玲 《周口师范学院学报》2011,28(1):118-120
刑讯逼供行为既侵犯了人权,又损害了司法机关的形象。刑讯逼供产生的根源主要有思想、制度和实践等方面的原因。必须从树立以人为本的司法理念,赋予犯罪嫌疑人、被告人以沉默权,确立讯问时律师在场制度,取消有悖客观规律的执法指标,提高侦查水平等方面来防范刑讯逼供行为,这不仅有利于保障犯罪嫌疑人、被告人的合法权益,还有利于社会主义和谐社会的构建。 相似文献
4.
《佳木斯教育学院学报》2016,(8)
内蒙古"呼格案"再审宣告蒙冤18年的呼格吉勒图无罪,引发了全国对于刑讯逼供导致的冤假错案的广泛关注。"聂树斌案"也由山东省高院异地复查。面对我国目前在调查取证和审讯过程中存在的刑讯逼供等问题,需要我们进一步审视取证过程中存在的刑讯逼供弊端,切实将《禁止酷刑公约》应用到我国的调查取证和案件审讯过程中,预防冤假错案的发生。 相似文献
5.
陆志龙 《中国石油大学胜利学院学报》2013,(1):54-58
2012年3月14日,十一届全国人大通过的刑事诉讼法修正案修改并增加了大量的条款,直指刑讯逼供。为遏制刑讯逼供的发生,修正后的刑事诉讼法将讯问地点只限定在看守所。但这种存在了几千年的古老而又野蛮的审讯方式就象一颗顽固的毒瘤,还有其滋生的土壤,近期内还不会消失。可以想象,在刑事诉讼法修正案规定的唯一场所——看守所,发生刑讯逼供概率的可能性增加。而看守所内刑讯逼供行为的发生,将直接影响看守所的安全。因此我们要有充分的认识,做好充足的准备,积极探索、制定预防看守所"刑讯逼供"的工作方式方法,最大限度地防止由此引起的看守所安全事故。 相似文献
6.
刑讯逼供是封建专制纠问式诉讼制度的产物,它严重侵害了公民的人身权利和司法机关的正常活动.司法实践中,刑讯逼供现象屡禁不止.司法工作人员必须端正思想认识,确立惩治犯罪与保障人权并重的诉讼价值理念,实行非法言词证据排除规则.要赋予犯罪嫌疑人、被告人沉默权和随时获得律师帮助权.必须保障司法经费的充足给付,加大刑讯逼供案件的监督查处力度. 相似文献
7.
刑讯逼供是封建专制纠问诉讼制度的产物，它严重侵害了公民的人身权利和司法机关的正常活动，司法实践中，刑讯逼供现象的屡禁不止，司法工作人员必须端正思想认识，确立惩治犯罪与保障人权并重的诉讼价值理念，实行非法言词证据排除规则，要赋予犯罪嫌疑人，被告人沉默权和随时获得律师帮助权，必须保障司法经费的充足给付，加大刑讯逼供案件的监督查处力度。 相似文献
8.
近年来,"举证倒置"原则被越来越多地运用在我国刑事诉讼法律案件审理过程中."举证倒置"原则是与传统意义上"谁主张、谁举证"的司法原则相对立的,在某些情况下免除原告举证责任的司法原则.在刑事诉讼案件侦查过程中,一些司法机关采取刑讯逼供等犯罪行为,侵害犯罪嫌疑人的合法权利,进而获取有利于指认其罪行的证据.刑讯逼供行为不仅有悖于社会公平正义原则,也是现阶段我国社会主义法制化建设面临的重要问题.本文着重分析了"举证倒置"原则的具体内容、其在防范刑讯逼供行为中的重要意义.并对如何完善该原则进行了探索. 相似文献
9.
我国法律明文规定禁止刑讯逼供,但在司法实践中刑讯逼供仍在相当程度上存在。刑讯逼供行为屡禁不止的一个重要原因,是我国刑事诉讼法对刑讯逼供行为举证责任没有作出明确规定。为预防和杜绝刑讯逼供犯罪,立法对刑讯逼供应当采取举证责任倒置原则。 相似文献
10.
"所谓刑讯逼供,就是通过内刑和变相肉刑的审讯方式,逼取犯罪嫌疑人或被告人口供的行为."我国<刑事诉讼法>第43条明文规定禁止采用刑讯逼供非法获取口供的手段.然而,这种古老而又野蛮的审讯方式依然存在,本文试图对刑讯逼供的存在原因进行分析,以期提出解决这一问题的一些建议. 相似文献
11.
John Clark 《Cambridge Journal of Education》2004,34(3):363-371
John Wilson suggests there are six advantages for corporal punishment: cheap and easy to administer, effective deterrent, effective reform, adjustable pain, fair because of similar dislike of pain, no permanent damage. None of these survive close scrutiny. An alternative, deontological argument against corporal punishment is proposed building on four points Wilson mentions but is dismissive of: assault, attack on a person's self, cannot defend oneself from it, cannot retain one's dignity in the face of it. From this analysis two conclusions are reached: Wilson's case for corporal punishment fails, and there is a sound case for not using corporal punishment. The final section raises a question about Wilson's motivation: why support it if one is against it? 相似文献
12.
Corporal punishment use in schools has decreased significantly over the past several decades; however, little research has explored the implications of such reductions in corporal punishment use. Theoretically, reducing or banning the use of corporal punishment could alter student and teacher behavior, resulting in changes in rates of other forms of discipline, such as suspension. Using nationally representative, longitudinal data from the Civil Rights Data Collection, this study estimates the relationship between corporal punishment use and suspension rates. Results from a series of fixed effects regression models suggest that reduced use or elimination of corporal punishment predicts lower rates of suspension overall but may predict higher rates of suspension in school districts serving larger proportions of racial minority students. Implications of these findings for current policy discussions around corporal punishment bans and for racial equity in school discipline are discussed. 相似文献
13.
The adverse effect of harsh corporal punishment on mental health and psychosocial functioning in children has been repeatedly suggested by studies in industrialized countries. Nevertheless, corporal punishment has remained common practice not only in many homes, but is also regularly practiced in schools, particularly in low-income countries, as a measure to maintain discipline. Proponents of corporal punishment have argued that the differences in culture and industrial development might also be reflected in a positive relationship between the use of corporal punishment and improving behavioral problems in low-income nations. In the present study we assessed the occurrence of corporal punishment at home and in school in Tanzanian primary school students. We also examined the association between corporal punishment and externalizing problems. The 409 children (52% boys) from grade 2 to 7 had a mean age of 10.49 (SD = 1.89) years. Nearly all children had experienced corporal punishment at some point during their lifetime both in family and school contexts. Half of the respondents reported having experienced corporal punishment within the last year from a family member. A multiple sequential regression analysis revealed that corporal punishment by parents or by caregivers was positively related to children's externalizing problems. The present study provides evidence that Tanzanian children of primary school age are frequently exposed to extreme levels of corporal punishment, with detrimental consequences for externalizing behavior. Our findings emphasize the need to inform parents, teachers and governmental organizations, especially in low-income countries, about the adverse consequences of using corporal punishment be it at home or at school. 相似文献
14.
While corporal punishment is widely understood to have undesirable associations with children's behavior problems, there remains controversy as to whether such effects are consistent across different racial or ethnic groups. We employed a Bayesian regression analysis, which allows for the estimation of both similarities and differences across groups, to study whether there are differences in the relationship of corporal punishment and children’s behavior problems using a diverse, urban sample of U.S. families (n = 2653). There is some moderation of the relationship between corporal punishment and child behavior by race or ethnicity. However, corporal punishment is associated with increases in behavior problems for all children. Thus, our findings add evidence from a new analytical lens that corporal punishment is consistently linked to increased externalizing behavior across African American, White, or Hispanic children, even after earlier externalizing behavior is controlled for. Our findings suggest that corporal punishment has detrimental consequences for all children and that all parents, regardless of their racial or ethnic background, should be advised to use alternatives to corporal punishment. 相似文献
15.
This research aimed to examine the intergenerational transmission of corporal punishment and the role of parents’ attitudes toward corporal punishment in the transmission processes in Chinese societies. Based on social-cognitive theory, it was hypothesized that parents' attitudes toward corporal punishment would mediate the transmission of corporal punishment. Seven hundred and eighty-five fathers and eight hundred and eleven mothers with elementary school-age children (data collected in winter 2009) were recruited through convenience sampling techniques. The Chinese version of Parent-Child Conflict Tactics Scale (CTSPC) and Attitude toward Physical Punishment Scale (ATPP) were used as the main assessment tools to measure parents' corporal punishment experiences in childhood, current use of corporal punishment and attitudes toward corporal punishment. Findings revealed that the strength of intergenerational transmission of corporal punishment was strong and parents' attitudes toward corporal punishment played a mediating role in the continuity of corporal punishment for both fathers and mothers in China. The findings highlighted the role of attitudes in the intergenerational transmission of corporal punishment within the Chinese cultural context and also suggested the need for intervention programs to focus on modification of maladaptive attitudes toward what is appropriate and effective discipline. 相似文献
16.
《The Journal of educational research》2012,105(6):420-430
ABSTRACT The author examined corporal punishment practices in the United States based on data from 362 public school principals where corporal punishment is available. Results from multiple regression analyses show that schools with multiple student violence prevention programs and teacher training programs had fewer possibilities of use corporal punishment, whereas schools that served a greater percentage of ethnic minority students and special education students had a 2.1 times greater and a 1.8 times greater likelihood of use corporal punishment, after controlling for students’ problem behavior and school characteristics. Policy implications for an equal implementation of corporal punishment practice were offered. 相似文献
17.
BackgroundCorporal punishment is a commonly used form of disciplinary technique. Sanctified parental attitudes of corporal punishment have been found to be a significant predictor of parental use of corporal punishment in previous research, while little is currently known about the reciprocal relations between parental use and their attitudes of corporal punishment.ObjectiveThis research aimed to examine the reciprocal relations between mothers’ and fathers’ use and attitudes of corporal punishment in China.MethodsData were collected on a total of 320 Chinese father-mother dyads with their children (10–11 years of age at baseline) through convenience sampling techniques at two time points, one year apart. Parents completed self-report measures of mothers' and fathers' use and attitudes of corporal punishment. Children completed self-report measures of parental corporal punishment.ResultsThe cross-lagged analysis indicated that parental attitudes of corporal punishment in a given year predicted their use of corporal punishment in the subsequent year both for mothers (β = 0.15, p < .01) and fathers (β = 0.10, p < .05), while their corporal punishment in a given year did not predict their attitudes of it in the subsequent year (βs < 0.11, ps > .05).ConclusionsFindings indicate that the reciprocal relations do not emerge, with only attitude-behavior effects being evident for both mothers and fathers, while behavior-attitude effects were not present. Findings in the present study highlight the importance of changing both mothers’ and fathers’ favorable attitudes toward corporal punishment when conducting appropriate prevention intervention to decrease its use. 相似文献
18.
Elaine Arnold 《Child abuse & neglect》1982,6(2):141-145
The West Indian child is usually loved by its parents or caretakers, but is frequently subjected to corporal punishment unsuitable to the age and stage of its development and excessive in relation to the alleged offence. The debate on whether the persistent use of what is considered excessive punishment as the means of instilling obedience in children, centres around the parents' African heritage or learned behaviour from the institution of slavery. Socially and economically disadvantaged parents under stress seem to displace their frustrations and anxieties on the children through corporal punishment which often assumes ritualised characteristics. The community in general and the parents in particular need help through appropriate education, to change their attitudes of accepting excessive corporal punishment as the means of imposing discipline upon children. 相似文献
19.
Use and abuse of corporal punishment: a Caribbean view 总被引：3，自引：0，他引：3
M A Payne 《Child abuse & neglect》1989,13(3):389-401
A sample of 499 Barbadian adults, aged 20 to 59 years, completed written questionnaires to indicate whether they generally approved or disapproved of corporal punishment in child rearing, the perceived advantages and disadvantages of such punishment, the methods and circumstances thought most appropriate for use, and those most inappropriate or ill-advised. Approximately 70% of respondents "generally approved" of corporal punishment, and three-quarters of the remainder considered it occasionally appropriate. There was evidence of considerable consensus as to what constitutes legitimate use of physical punishment and what is unsuitable and/or abusive, although certain differences in the responses of older and younger adults highlighted specific diversities of concern and shifts of attitude over time. The majority considered serious disadvantages to arise only if parents resorted to punishment in an unsystematic, excessive, or self-serving manner, although a small minority thought corporal punishment more generally undesirable or unproductive within the context of contemporary Barbadian society. 相似文献
20.
我国颁布的多部教育法律法规都明确规定,禁止教师体罚和变相体罚学生,但在教育理论和实践中,对什么是体罚和变相体罚,一直存在模糊的认识,从而导致部分教师仍继续犯体罚学生的错误,而另一部分教师又不敢大胆地管学生,甚至放任学生,降低自己工作的责任心。所以,必须明确处罚、体罚、直接体罚、间接体罚(变相体罚)以及侮辱学生人格的处罚等概念的内涵及其相互关系,同时,还必须明确,禁止教师体罚学生是教育发展和人类进步的要求,以杜绝中小学教师的体罚行为。 相似文献