刑讯是中国古代法制史上常见的暴力取证手段,历代均试图对其进行扼制。宋代通过立法对刑讯进行比较详尽地规制,对减轻刑讯的酷虐程度起到了积极的作用。封建社会在刑讯合法化的特定历史条件下尚且为限制刑讯做出努力,在刑讯彻底非法化的当代中国,必须杜绝刑讯行为的存在。 Torture is a common means of violent evidence collection in the history of ancient Chinese legal system. Every generation tried to curb it. In the Song Dynasty, the legislation on torture was regulated in a more detailed manner, which played a positive role in alleviating torture. Under the specific historical conditions of legalization of feudal society, the feudal society has made efforts to restrict torture. In contemporary China, where torture is completely illegal, the existence of torture must be eliminated.