【摘要】 在人类历史上,酷刑曾长期是各国司法制度中合法的手段。近代以后人类才开始在法律上废除酷刑的漫长进程。其中,17世纪英格兰终止刑讯具有先驱意义。18、19世纪欧洲大陆国家相继废除了酷刑。西方国家废除酷刑对一些东方国家也产生了影响。第二次世界大战以后,禁止酷刑不仅为国际条约所规定,而且已成为国际习惯法和强行法规则。在当今国际社会酷刑已成为公认的罪行。然而,酷刑作为人类社会的一种制度顽疾,在法律上废除并不等于在事实上根除。更多还原

【Abstract】 In the history of human,torture had been the legitimate means in judicial system of the most countries. Just until the modern time human began a long process of abolishing torture under law.England stopped using torture for extortion of confession in the 17th century which had the model significance. European continental countries abolished torture successively during the18th and the 19th centuries. The fact of abolishing torture in western countries had an impact on some eastern countries too. After World War II,prohibition of torture has been not only provided by international treaties,and also has become a rule of customary law and jus congens. Nowadays,torture has been regarded as acknowledged crimes in international society. However,as an institutional chronic and stubborn disease,legally abolished torture is not equal to eradication of it in practice.更多还原