Surrendered To The System Of Study

This article has five chapters with more than 40,000 characters. The content of the 1st chapter is as follows: 1> Requisites to constitute self-accusation. The writer hold that the two requisites theory not only can help remove the divergence of the adoption of self-accusation, but also can practicable protect the legal advantage of the self-accusation person after the state of the theory of two requisites to constitute self-accusation and the theory of three requisites to constitute self-accusation . 2,Generalize the nature of self-accusation as the criminal out of himself will to bring himself to justice , think that penitence and repentance can not be regard as the nature of self-accusation. 3,Regard judicial confession as the action of the criminal initiatively and truthfully confess the charged facts of the crime. Consider that the key to differ self-accusation from judicial confession is the voluntary difference between them., this difference is the essence difference. 4,Hold that the special self-accusation is the third type of self-accusation system because of special subject condition and time condition of special self-accusation. 5,The value of self-accusation system.Concrete analysis about some difficult has been processed in the 2nd chapter. In the 1st sector of this chapter: 1,Consider that "be suspicious-looking" can be understand as: although someone whose action is unnormal, but the judicial office do not have known any evidence to prove the person has crime action ; the evidence that has been known by judicial office can not help form reasonable doubt that the person has crime action .2,Person who has been accept the " special time and special address" supervisory measure by commission for disciplinary inspection can also given himself up . In the 2nd sector of this chapter , the writer consider: 1,The subject of para-confessing one' s crime include the suspected offender who is living at home undertaking recognizance upon bail because the nature ofsuch measure is same . Think that the parole criminal, the probation criminal are serving sentence , they are also been included in the subject of para-confessing one' s crime. 2* The determine of the range of"judicial organization" of the 2nd paragraph of the 67th clause relate to the confession of the offender whether can be regard as self-accusation . This article define the "judicial organization" as : (1) after the plea that catch the criminal offender that advanced by the judicial organization which is treating the case has been known by another judicial office, before determine that the captured is one who is been wanted , the "another judicial office" is included in the"judicial organization" of the clause .(2) the judicial office which don' t know anything about the case .3- According to the spirit of the self-accusation system ,regard the "unknown" of the 2nd paragraph of the 67th clause as that the judicial office don't have know any evidence that can suspect that the suspicious also have other crime . 4^ consider that the truthfully confess of other crimes that as the same kind crimes as crimes known by the judicial office should be treated as self-accusation.The adoption of the self-accusation in some special condition has been analysed in 3rd chapter . The range of "one' s own crime" of joint offenders has been analysed in the 1st section of 3rd chapter . The writer explain the range of "one's own crime" of joint offense through identify the joint offenders by the divide of the crime of the joint offence. In 2nd section of 3rd chapter , after the analysis of the adoption of self-accusation of plural crimes committed by one person, the writer think that the mercy shouldn't be showed to the crimes which have not been surrendered. In the fourth section of 3rd chapter ,the writer think the self-accusation of unit is existed, and consider that the existing of the self-accusation of unit has several reasons: 1. The existing of the self-accusation of unit is the surely claim of the implement of the fundamental principle of criminal code 2> The existing of the self-accusation of unit crime fit in well the spirit of theself-accusation system .3* The acknowledge of unit crime of criminal code is the legal basis and prerequisite of the existing of the self-accusation of unit crime. 4n The lack of the acknowledge of the self-accusation of unit crime doesn' t mean the lack of legal basis of the adoption of such action. The writer think that the adoption of the self-accusation of unit crime must be based on the unit's will and name. In this chapter ,the writer also consider that the self-accusation of the crime of causing traffic casualties and the crime of holding a huge amount of property with unidentified sources can be adopted too.The analysis of the punishment of surrendering criminal has been processed in the fourth chapter . The writer think there are two reasons to treat the surrendering criminal with leniency: 1. The dangerousness of the person who has given himself up is few. The writer deem that it's confuse subjective evil character with dangerousness of the person if understand the reasons of treat the surrendering criminal with leniency from the point of subjective evil character of surrendering criminal. 2* The surrendering action of the criminal can saving the cost of justice. The writer regard the petty crime of the clause of self-accusation as the crime which should be decree fixed-term imprisonment under three years .The cases that shouldn't be given quarter, the motive > the objective condition the confession of the crime of the surrendering criminal which should be considered when the mercy is showed to surrendering criminal also be analysed in this chapter.The propositions related to the perfect of the self-accusation system have been put forwarded in the fifth chapter .The writer think that the self-accusation of unit crime should be acknowledged in the criminal code .The writer also hold that the voluntary surrender of crimes to be handled upon complaint should also be acknowledged in criminal code.