Abstract:The special proofmechanism of the case facts in the leniency on admission of guilt and acceptance punishment is a complex and important theoretical issue, among which the logical relationship between admission of guilt and the simplification of the trial cross-examination procedure, the conversion of the trial investigation object and the inner conviction of the judge to form the truth of the crime facts needs to be explained theoretically. Confession and admission can be integrated and summarized as admission of guilt. Under admission of punishment and the support of the consequences of simplified procedures and lenient sentencing, confession and admission produce the legal effect of criminal self-admission together. The essence of criminal self-admission is that both the prosecution and the defense have reached a consensus on the truth of the case facts and evidence, forming a consensus of facts, and then achieving the consensus of truth. Voluntary and judicious criminal self-admission helps to discover the facts of a case. Admission of guilt has the attributes of criminal selfadmission in content, form and effect. Voluntary and judicious criminal self-admission helps to discover the facts of a case. Criminal self-admission can produce the effect of evidence agreement, reduce the prosecution's responsibility of persuasion, omit the trial evidence investigation procedure and enhance the judge's inner conviction.
宋志军. 刑事自认:认罪之证明效力的教义学阐释[J]. 浙江工商大学学报, 2023, 37(2): 48-60.
SONG Zhijun. Criminal Self-Admission: A Doctrinal Interpretation of the Probative Effect of Confession of Guilt. Journal of Zhejing Gongshang University, 2023, 37(2): 48-60.