刑讯逼供的证明机制

对刑讯逼供存在与否的证明属于程序性事项的证明,其证明同时涉及一般的证明标准和程序性裁判中的证明机制问题。刑讯逼供的事实具有特殊性,这种特殊性使对这种事实的证明在实践中很难完成,因此应当明确:刑事实体法追诉中的刑讯逼供证明的证明责任由新的公诉机关承担,证明标准也应于普通案件中的证明标准有所不同,同时,法官不应承担证明责任。

Proving System of Extorting Confession By Torture

The certification to the problem that whether extorting confession by torture exist is procedural proof that relates both common standard of proof and the proof system in procedural judge. The facts in the phenomena of extracting confession by torture are so particular that it is very difficult to complete the proof of the facts in practice. So we should make clear that the burden of proof to this facts should be completed by the prosecution organs in the new cases, and the standards should also be different from that in common cases. Moreover, judge should not bear the burden of proof.