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Evidence attribute and judicial applications of the affidavit of guilty confession and punishment

Li Songjie;Law, Sichuan University of China;  
The attribute of affidavit of guilty confession and punishment is an unresolved issue. From the perspective of judicial practice and theory, it should be a kind of sentencing evidence. By clarifying the nature of the affidavit, it is possible to demonstrate whether the admission of guilt and acceptance of punishment is established or not, to properly ease the tension between the procuratorate and the court, and especially to clarify the validity of signature of the duty lawyer as well as the defense lawyer on the affidavit and whether there will be adverse consequences for lawyers in case of unjust, false and wrong cases. As a kind of sentencing evidence,it should both reach the requirements of form and substance. At the same time, the current burden of proof that the procuratorial organ bears the accused's admission of guilt and punishment should be changed according to the principle of burden of proof borne by claimant,i.e. the defendant should bear the burden of proof that the affidavit is valid. Because the prosecution has the power and resources to suppress the accused, and also based on the objective obligation of the prosecutor, the procuratorial organ should prove the voluntariness and authenticity of the accused's confession. The court has supervised responsibilities. The affidavit of repentance can be used as evidence to prove that the accused has ever confessed.
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