随着证据供需的失衡以及控制犯罪价值取向的发展,使得刑讯逼供的存在成为必然。然而,随着人权保障价值的呼声越来越高,刑讯逼供的取证行为已成为司法实践中的聚焦点,被称作司法实践中的“顽疾”。本文试图通过建立举证责任倒置的规则,有效的遏制刑讯逼供取证的行为。 With the imbalance of supply and demand of evidence and the development of controlling the value orientation of crime, the existence of torture has become an inevitable result. However, as the voice of safeguarding human rights is getting louder and louder, the evidence-gathering act of torture has become the focus of judicial practice, which is called “stubbornness” in judicial practice. This article attempts to effectively suppress the torture of evidence by collecting evidence by establishing the rules of reversal of the burden of proof.