Complicated Problems Study On Determination Of The Voluntary Surrender

The voluntary surrender system, as a penalty system moving and inspiring criminal to plead guilty and repeat one's error, self-improving and saving judicature resources, plays an important part in criminal legislation, judicature and criminal policy in our country. It is paid continuous attention to its theory study in the criminal law field in our coutry. The essay expounds and analyses comprehensivly determination of the voluntary surrender in special situations according to analyse views from the criminal law field about conception of the voluntary surrender, nature and constitutive essentials with general theory and finds some ways to perfect the voluntary surrender system furtherly.The essay is composed by five sections excluding preface and conclusion.The first section: general introduction of the voluntary surrender system.Summarize the modified and perfected content of Criminal Code implemented at present on the basis of Criminal Code in 1979 and expound stressly conception of the voluntary surrender, nature, cassification, value and judicative meaning, all of these build solid foundation for introducing the voluntary surrender system in the following. The second section: analysis about determination of the general voluntary surrender.The general voluntary surrender is of most elementary and importmant content in the voluntary surrender. The section discusses systematically determination content the general voluntary surrender includes and analyses thoroughly concrete grasp and determination about several non -typical "surrendering oneself to the police" in the general voluntary surrender and determination standard about truthfully confessing "main criminal facts".The third section: analysis about determination of quasi-surrender and the special voluntary surrender.Quasi-surrender and the special voluntary surrender, different to general voluntary surrender, are of the special voluntary surrender. The section analyses specially "judicial office" extension and range of "other crimes" and determination of the special voluntary surrender.The fourth section: analysis about several special situations on determination of voluntary surrender.With establishing essentials, the section mainly expounds determination of the voluntary surrender in special situations. For example, analyse determination of the different joint criminals confessing ones'crimes range in the voluntary surrender of the joint crime, of plural crimes surrender actors confessing part crimes and the unit crime voluntary surrender denying indivial's and if there being negligent crimes.The final: legislative perfection of the voluntary surrender system. Find some ways to perfect the voluntary surrender system, namely, modify establishing essentials, perfect the special voluntary surrender system, stipulate explicitly the voluntary surrender system. In short, in criminal law, the voluntary surrender system is an important penalty verdict system about penalty humanity and prevention of delinguency. Developing and perfecting legislation and judicature of the voluntary surrender system rely on persevere exploring of workers being engaging in criminal law theory.