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The Recognize And Punishment Of The System Of Giving Oneself Up

Posted on:2006-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhangFull Text:PDF
GTID:2166360155975237Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The system of who give oneself up origined in the period of XiZhou, and all the dynasties in our country were all paying attention to it, and continuing to modern society, it was gotten a faster development and gradual progress. As for this system, it is a kind of utility choice that the state deals with the crime, and in fact is a kind of transaction between the country and criminal. The system of who admit oneself's crimes, has economized judicial resources for the country and has improved judicial efficiency, as for a reciprocate and reward, the country punishes the criminal leniently. This system, in the judicial practice, plays an important role in urging the criminal to make sinners and repent and start a new life, changing the evil to the kind, or it is also vital for the state to attack and prevent the crime, thus maintain the social stability, ensure the people's safety of life and property. According to the object of this system, or the condition stipulated in law or the punish principle in law, we can generally divided giving oneself up into generally give oneself up, quasi-give oneself up and especially give oneself up. And the recognize of giving oneself up is the prerequisite of punishing the giving oneself up, while the punish of giving oneself up is the result of recognizing giving oneself up. As in the judicial practice, different main objective and subject factors, may influence the existence and classification and lastly influence the guilty and punishment measurement of criminal, even violate the principle of punishment equals responsibility and crime in our state's criminal code. For the reasons of the restriction and influence of legislation and justice factors, and the difference of scholars'study, many difficulty exists in the practice of understand and implement of the system of giving oneself up. For this reason, based on the judicial theory and reality, we should take on a study for the different kind of giving oneself up and the criminal in this system, the time of giving oneself up and the difference between giving oneself up and make contribution and confess, the punishment to the system of giving oneself up. Concrete problem is concretely analysised, concrete conditions are concretely dealed with. Only through this way, can we expand and clear the intention and aim of setting up the system of giving oneself up and lastly promote the process of socialist construction.
Keywords/Search Tags:Give oneself up, Recognize, Punishment, Confess, Contribution
PDF Full Text Request
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