刑讯逼供案件举证责任归属问题研究

Research on Burden of Proof in the Case of Extortion for Confession

"谁主张,谁举证"是诉讼举证责任分配的基本原则,而举证责任倒置是该原则的有益补充。在刑事诉讼中,"谁主张,谁举证"的举证责任分配原则符合法律证明规律,有利于提高诉讼效率。在刑讯逼供案件中,控辩双方的诉讼地位是,被告对其提出的刑讯逼供诉讼主张承担举证责任,而公诉机关的诉讼角色只是对其诉讼主张进行反驳也即反证。

＂Who advocates, who provides proof＂ is the primary principle of the distribution of the burden of proof, and the inversion burden of proof is its beneficial supplement. In criminal lawsuit, it is consistent with the legal principle and can improve the efficiency of litigation. In the case of extorting a confession by torture, the position of both sides of the accused and the defended is that, the defendant provides proof to the torture, while the public prosecution unit should bear the burden of contradicting the litigation.