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为解决司法实践中人民群众反映强烈,却一直屡禁不绝的刑讯逼供和变相刑讯逼供现象,新刑诉法在第五章证据部分明确了“不能强迫任何人证实自己有罪”的规定,这是国际人权公约中“不能强迫任何人自证其罪”的中国化表述。然而,目前法制新闻报道中常见的犯罪嫌疑人、被告人自我归罪的故事和画面,难以排除受众对其行为是否为自愿的合理怀疑,与基本的法治精神不符。为此,本文旨在以新刑诉法“不能强迫任何人证实自己有罪”之规定的法理基础与价值剖析为切入点,探讨新刑诉法出台及实施后,大众传播媒体特别是电视节目制作媒体如何结合新法,充分发挥积极功效,遏制其消极作用。
In order to solve the phenomenon of forced confessions by torture and unjust confession by torture in judicial practice, the new Criminal Procedure Law clearly stipulates in the evidence section of Chapter V that “people can not be compelled to prove their guilt” This is the Chinese expression in the International Covenants on Human Rights that “people can not be compelled to prove their crimes”. However, at present, the stories and pictures of the crime suspects and defendants commonly found in the legal news reports are difficult to rule out the audience’s reasonable suspicion of whether their behavior is voluntary, which is inconsistent with the basic spirit of the rule of law. Therefore, the purpose of this paper is to start with the legal basis and value analysis of the new Criminal Procedure Law “can not force anyone to prove his guilt” as a starting point to explore the new Criminal Procedure Law after the introduction and implementation of the mass media, especially television How the program production media combined with the new law, give full play to the positive effect, to curb its negative effects.