Study On Voluntarily Surrender System And The Problems Of Its Judicial Determination

Voluntarily Surrender System is an important requirement of the penal system. It is important for offenders to abandon the evil and realize the purpose of the penalty. Through the modification of Criminal Code in 1997 and the issue of "the interpretation of specific application of the law dealing with Making Contribution and Surrender" (later referred to as the "interpretation")by the Supreme People's Court in April 1998, Voluntarily Surrender System has become more and more perfect .However, a long time, whether it is the concept of the surrender, the nature of surrender ,the conditions of establishment and the understanding of "interpretation" have been in dispute in the theoretical circles. This directly affects the application of surrender in practice. At the same time, with the development of society, there have been some new problems for Voluntarily Surrender System in judicial practice. So it is necessary to surrender to conduct in-depth theoretical study and guidance on the basis of judicial practice. In 2009, "the view of dealing with cases about job-related crimes" put forward a new guidance to deal with some of the questions about job-related crime. it is worth to consider the role to dealing with the crime other than the job-related crimes .The full text is divided into five chapters, about 4 million words.Chapterâ… : Overview of surrendered system. Clearly the concept of surrender was to explore the logic of surrender system and theoretical starting point the premise. The first part of the "subject to review and referee" should not be surrendered to the elements of the concept of reason. Then put forward the concept of surrender, that is, "within the statutory time limit, the voluntary surrender, truthful statement of the acts of their own crimes, or deprivation of personal freedom is restricted or truthful statement of the personnel of the judiciary, I still did not have other crimes." Finally, the analysis of surrendered about the nature of a variety of opinion on the basis of the nature of surrender should be made is that people in the country with the crime after the crime caused by the mutual confrontation of interest in the game and the result of mutual compromise, which aims to achieve the maximum penalty standards, its implementation is both a fair compromise with the efficiency of justice.Chapterâ…¡: The conditions of establishment for the general surrender. The first part provides an overview of the establishment of the general conditions of surrender, that is, truthfully, the voluntary surrender and confession of their crimes. And then the judicial practice of the new situation and new problems to solve the views put forward, the practice of the "surrendered" the conditions of the time, surrendered to the object, surrendered the way, should be surrendered to the wishes of the understanding and flexible. Finally in 2009 involved "opinions" on the job-related crimes in the provisions of the voluntary surrender of the conversations with the provisions of the investigation and interrogations, investigations and enforcement measures to equivalent measures to make job-related crimes in the voluntary surrender of that will be more stringent.Chapterâ…¢: The conditions of establishment of quasi-surrender. The first part provides an overview of the conditions of establishment of quasi-surrender, and then turned it in at the conditions of establishment of specific to grasp with that analysis, and in 2009 involved "opinions" about the prospective of the provisions of surrender.Chapterâ…£: The conditions of the establishment for quasi-surrender. The first part provides an overview of the conditions of establishment of quasi-surrendered, surrendered to the main body involved in quasi-crime to define and understand the conditions statement. And, at the conditions of establishment of surrender to grasp the specific analysis and that has made, and in 2009 involved "opinions" about the prospective of the provisions of surrender, under certain conditions, job-related crimes account for the crimes of the people and the judiciary, I have others "the same type of crimes" can be identified as surrender.Chapterâ…¤: The form of the evidence to prove surrender. At present, the proof of the general who surrendered to rely on the production of the public security organs, "the source case, the case and arrested after" and other materials, property of their evidence be? Consider the nature of this article is not documentary evidence, nor is it evidence of public instruments, but similar to examine, check transcripts. Under the existing legal framework of criminal proceedings, for the content of legal, objectivity, relevance, but the evidence turned himself in the form of proof of unlawful material, as far as possible to make it into the form of legal evidence, turned himself in at the same time that evidence of the rich, and form chains of evidence or system to ensure the full requirements of proof in order to change the existing evidence of the "solitary evidence" that the situation surrendered.