Study On Several Issues Of The Voluntary Surrender System

The system of the voluntary surrender is an important sentencing system of our country. This thesis carries on the research towards the important constructive conditions of the general voluntary surrender, the voluntary surrender of other crimes and the special voluntary surrender, based on the follow works: the analyzing of the concerning clauses in the Criminal Law and the judicial interpretation expressed by the Supreme People's Court, the research of the complex and diverse judicial practices, the research of the essence of the voluntary surrender and Tang Dynasty law concerned with voluntary surrender. The thesis also inquires into the confirmation of the voluntary surrender in several kinds of concrete crimes and circumstances.In the first chapter of the thesis, the important constructive conditions of the general voluntary surrender are formulated. Concerning with the question of voluntarily delivering oneself up to the justice, the thesis carries on the analysis towards the control standard of that"the behavior and expressions make the person's doubt", and on the conversion of the volunteering of the relatives to the criminal's. The confirmation of the voluntary surrender is summarized and analyzed under the circumstance of confirming a criminal suspect by the investigators and when the organs of investigation use summons measures. Furthermore, in the question of the object of voluntarily delivering oneself up to the justice, it is pointed out that the victim should the object certainly. Concerning with the question of truthfully confessing one's crime, the scope and standards of the"main crime fact"is analyzed, and also the influence to voluntary surrender when a criminal withdraws his confession.In the second chapter of the thesis, the important constructive conditions of the voluntary surrender of other crimes are formulated. In the first, the subject of the voluntary surrender of other crimes is analyzed. In the view of original intention of this kind of voluntary surrender, an offender serving...