刑讯逼供罪和非法拘禁罪这两种犯罪在1979年刑法典皆有规定,1997年修订通过的刑法典对这两个犯罪在原规定基础上又更加具体、明确予以规定。足见,其社会危害性之大,受到立法者的高度重视。本文仅就这两种犯罪的构成特征、罪间界限等有关问题做了较为深入、具体的研讨,以期能对司法实务部门处理此类案件时有所裨益。 Both the crime of extorting a confession by torture and the crime of illegal detention contain provisions in the 1979 Criminal Code. The Criminal Code as amended in 1997 more specifically and explicitly stipulates these two crimes on the basis of the original one. Suffice it to say that its great social harm is highly valued by legislators. This article only makes a more in-depth and specific discussion on the constitutional characteristics of the two kinds of crimes, the boundaries between crimes and so on, so as to be of some benefit to the judicial substantive departments in handling such cases.