张梦惠--刑讯逼供举证责任倒置制度之研究-首都经济贸易大学教务处.DOCVIP

PAGE \* MERGEFORMAT 1 首都经济贸易大学大学生科研与创新训练项目 研 究 报 告 项目名称： 刑讯逼供举证责任倒置制度之研究 指导教师： 尚琤 项目负责人： 张梦惠 项目负责人所在院、系： 法学院 目 录 论文摘要··································································3 关键字 ··································································3 正文 ··································································3 一、我国刑讯逼供现状······················································3 二、刑讯逼供产生的各种因素················································4 （一）刑事诉讼法漏洞···················································4 （二）实践中违背原则···················································4 （三）律师会见中的阻碍·················································4 （四）侦查人员一己之私·················································4 三、我国刑诉法对刑讯逼供的规定及漏洞······································5 四、刑讯逼供举证责任倒置制度··············································5 五、外国法律对举证责任倒置的规定··········································5 六、举证责任倒置制度必要性················································6 七、举证责任倒置弊端······················································7 八、刑讯逼供举证责任倒置实施建议··········································8 （一）提出控告·························································8 （二）受理控告·························································8 九、调查问卷分析··························································8 结语······································································10 参考文献··································································11 调查问卷··································································12 刑讯逼供举证责任倒置制度之研究 摘　要:刑讯逼供由于严重干扰司法公正而被比喻为“毒树之果”。所谓“毒树”是指以非法手段得到的口供，“毒果”指的是以非法得到的口供为线索从而获取的证据。“毒树”的土壤理应清除，“毒果”理应坚决消灭。本文通过对导致刑讯逼供的因素进行分析，通过中外法学界关于遏制刑讯逼供的法律条文对比得出刑讯逼供举证责任倒置制度的优势，再从反面剖析其劣势，优劣对比后得出实施刑讯逼供举证责任倒置的必要性。 关键词：刑讯逼供 举证责任倒置 审讯全程录音录像 “正义不仅要得到实现，而且要以人们看得见的方式得到实现。”这句谚语流传已久，它并不是表面看上去那么简单，它向我们揭示了一个重要的原则——实质正义与程序正义二者统一原则。这也是在司法实践中，对于每一个执法人员、司法人员的基本要求，只有在这两者结合的基础上执法、