Studies On The Proving System Of Extorting Confession By Torture

Torture is a kind of brutal and cruel methods of obtaining evidences. It not only violatesthe basic human rights, and easily leads to injustice. What had become the consensus ofpeople is that confession obtained by torturing shall not be used as evidence of final evidence.The key to the problem is how to prove the existence of the torture, if the behaviour ofextorting a confession by torture really happen. The Provisions on Several Issues concerningthe Exclusion of Illegal Evidence in Criminal Cases (PEIE) has clearly regulated the burdenof proof and standard on torture. It marks the establishment of the proving system of extortingconfession by torture. Based on the analysis of the present situation and reason of theimplementation of PEIE, this article put forward some feasible suggestions. Except theintroduction and conclusion beyond, full-text is divided into three parts.First part is an overview about the proving system of extorting confession by torture.Torture refers to the act committed by interrogators who extort confession from criminalsuspects by corporal punishment or corporal punishment in disguised form. Proving of torturerefers to The party, who shall bear the burden, collects proofs and expounds his argument,when the prosecution and the defense depute about whether the pretrial confession is obtainedby torture in the trial. Defendant bear the burden of providing clues or evidence on torture tomake the judge have a reasonable suspect about the veracity of the defendant’s statementbefore trial. Prosecutor has to take proof responsibility of confession legitimacy to reach thestandard of true and sufficient.Second part is the analysis of the present situation and reason of the implementation ofPEIE. There are mainly four aspects of difficulty we are facing in the execution of the provingsystem of extorting confession by torture. Firstly, the burden that the defense bears is soheavy that the illegal evidence elimination procedure can not set-up. Secondly, the standard oftrue and sufficient has not been strictly executed in judicial practice. The prosecutor doesn’tbear the burden of proof in essence. Thirdly, both prosecutor and defense don’t have enoughability to bear the burden of proof to prove their argument. Fourthly, the judge cann’tmaintain neutrality in the illegal evidence elimination procedure. Defense’s argument is hardto be sustained. Difficulties are caused by many factors. Firstly, PEIE has some defects,which cause it lacks Maneuverability. Secondly, the judge cann’t maintain neutrality makes defense’s argument hard to be sustained. Last but not finally, the lack of supporting measuresmake both prosecutor and defense lack ability to prove their arguments.In the final part it provides some feasible suggestions for improving the proving systemof extorting confession by torture. Torture should be further explained. Torture should containdisguised corporal punishment and mental torture in the form. Run in fields of time, Torturemay be happen before the start of interrogation. If the way of the torture is hard leave scars forthe body, the defendant just need to provide clues about torture. If the defendant can expressclearly and without conflicts, the judge can set-up the procedure of illegal evidenceelimination. The prosecutor have to prove the legality of the confession and reach to thestandard beyond reasonable doubt which the defense put forward. It should be strictlyprohibited for any authority to interference criminal trial. Relief procedures should beestablished for illegal evidence elimination. The relief procedures can make the court neutralon the whole. Supporting measures should be established to make both prosecutor anddefense have enough ability to prove their arguments.