Surrendered Identified Problems Discussed

Surrender is an important Chinese criminal law sentencing system. Criminal Law in China in 1979, the surrender provisions of the system is very simple, there is no clear concept of surrender. With the depth and the judicial practice of the needs of our country in 1997 amendments to "criminal" when clearly the surrender of the concepts and pairs of the Conditions of Surrender made provision Qi Hou Zai 1998 Supreme Court You Banbu the relevant judicial interpretations, but with the continuous development of society, in judicial practice, there have been some surrendered to identify problems, and then in the 2009 Supreme Court Supreme People's Procuratorate jointly promulgated the "crimes committed on the Ban Li Ren Ding surrender, meritorious Other Sentencing the views of a number of issues", although the opinion issued by the judicial practice guidance played a certain role, in application, there are still some problems, I surrendered to the system through on the basic theory of analysis and discussion of the existing judicial practice. Several aspects of the issues identified surrendered his own view and I hope justice can theoretical study and practice of some doubt and confusion in the settlement's helping role to play Yi Ding. This paper identified from the three parts of the surrender of the relevant issues. The first part of the Introduction and the main meaning of the surrender surrender of the nature of an overview on the need to study this problem are described in detail the second part of the explanation of active surrender. From voluntarily surrender to the meaning of surrender of the time limit, the object of surrender, surrender to face the automatic nature of the Quartet generally surrendered voluntarily surrender to the precondition for the establishment of an explanation. And judicial practice, do explain the problems. The third part of the cross-examination when the suspect confessed crime initiative identified issue. Clues from the public security organs according to the author and no clue cross-examination questioning the suspect voluntarily confessed both crimes suspects surrender to the identification of issues discussed. Partâ…£"fixes" the problem during the Confession. "Double" during the "commitment to surrender," whether identified as the surrender of the problem, I have put forward their own unique point of view. Part V units Confession problem. The author of this part of the basic problems of crime on the unit briefly described, whether the unit identified as the surrender of crime, and finds the process units and units surrendered surrendered in the natural treatment of the relationship is illustrated.