Research Of Problems Concerning The Affirmation And Punishment Of Surrender In The Eye Of Review And Prosecution

Surrender system is a kind of penalty system which can influence criminals to admit their guilts, to have self-examination,to break through the cases and to lessen the judicial costs. Today, the designation of surrender is affecting the dealing of the cases, especially increasingly affecting the measurement of penalty. How to understand and to adopt the surrender items and the related judicial explanation have been arguing heatedly from criminal law passed in 1979 to the criminal law passed in 1997 ,as well as the 8 criminal law amendments and the judicial explanation which have entered in succession ,which also have been one of the hot topics in the studying of law theory or judicial practices.In the view of public prosecution work and with the help of the cases gathered from many years'practices, the surrender are divided into different kinds according to the trial. And at the same time, the paper regarded the increasingly relatively wide in how to designate the surrender as the key topic. Besides this, this paper set forth the designation of surrender , sum up the characteristics of surrendering and the components, illustrated the surrender's legislative history in accordance with the different provisions in different history stage. In connection with the ordinary theory in how to affirm the surrender, the paper discussed the relative theory from the typical way to the special way, including the ways to dealing with the cases at sites, the surrender in which the criminals have been accompanied, delivered and the ready to surrender, the suspicious appearance and movements surrender as well as how to distinguish the suspicious appearance and movements surrender from the severe ones, so as to stand out the surrender's some characteristics. How to understand the judicial authority in quasi voluntary surrender, the time to tell truth and the partial facts concerning the case, the characteristics of affirming the surrender in the crimes by taking advantage of duty, writing false value added tax invoices cases and the traffic offences which have been increasing stirred the attention from the public. The main points was to pay attention to the converse trend in affirming the surrender in the crimes by taking advantage of duty to avoid the lightening penalty. The affirmation in the traffic cases are becoming more and more broad and to pay more attention to the actual damage, in which the affirmation of surrender has transfer eyes to give the victims the time help as well as with help of surrender to give a lesser punishment, mitigation of punishment, release, and how to apply the surrender items in concurrence of surrender and mitigation of punishment, special surrender items and the ordinary surrender items. To explain the concrete problems on the base of practices, the points needed to understand in the judicial practices which are very useful in the measurement of penalty so as to resolve the problem which are easy to misunderstand in the judicial practices. The paper can be divided into three parts besides preface and epilogue.