Voluntary Surrender Of A Number Of Issues

The surrender system is an important penalty system which is stipulated in the criminal law of China. It is the concrete application and the legalization of the fundamental mode policy with unifying between punishing and managing spaciously. This system has positive effects which are as follows: impels and urges criminal to acknowledge guilt to surrender, repent and start anew, remold oneself as well as saves the national judicature resources, enhances the judicial efficiency, avoids accumulating innocently and so on. No doubt, it has the important significance in realizing the goal of penalty with preventing crime effectively, implementing and realizing the basic principle of the criminal law about adapting between responsibility and offenses.In 1979 criminal law 63rd surrendered the system in summary absorption all times and in all countries as well as in the experience foundation to surrenders the system to make the correlation stipulation, in 1997the criminal law the criminal law about surrendered the system stipulation certain insufficiencies to 1979 and the flaw, has carried on the significant revision, expanded the scope which surrendered. In 1998 the Supreme People's Court "Surrendered about Processing And Renders meritorious service Concrete Application Law Certain Questions Explanations" (to hereafter refer to as "Surrenders Explanation") to surrender the system judicature suitably to serve as the comparatively specific stipulation, has solved the theory and the judicial world argues the continuous certain major issues since long ago. Practiced from the recent years judicature looked that, surrendered recognized had many new problems, in addition to "Surrendered Explanation" the content understanding and is suitable the aspect also unceasingly to have some understanding differences, needed earnestly to discuss with the summary. The author plans to link to own work reality, discussed some to surrender the system shallow view, hoped can to the judicial practice in accurately recognize surrenders has the help.The first part is surrenders the system outline, first summarized our country to surrender the system legislation development; Then has discussed the concept and the essence which surrenders, thought will surrender is refers to the criminal offender crime later automatically to appear before court, truthfully declared in a confession own crime the behavior, or the crime suspect, the accused person which will adopt the precautionary measure and the criminal which will serve prison sentence, truthfully declared in a confession the judicial organ has not grasped myself other crimes behaviors. Surrenders the essence lies in the crime person but to pay stemming from own will own the country to investigate, repents the essence which is not surrenders.The second part elaborated the tenable important document which generally surrenders: 1st, automatically appears before court before, automatically appears before court to have to occur in the crime suspect crime later, will bring to justice, appears before court the way will have many kinds of, will appear before court the object is refers to the related institution with individual, will appear before court to have to have automatic. 2nd, truthfully declared in a confession, the crime suspect so long as acts according to the fact to declare in a confession violates all crimes, already do not reduce to the fact do not expand, must think tallies truthfully declares in a confession own crime the condition. And has carried on the elaboration to some correlation questions.The third part is recognizing which surrenders, to surrender from six aspects recognized some difficulties have carried on the discussion, specifically includes recognizing which the common crime, the number crime, the error crime, Yu Zui surrenders, "double gauge" period confessed the delinquent account recognized, appears in court after the subpoena truthfully declared in a confession crime the crime person surrenders recognizes and so on.The fourth part elaborated from principal offender's legal responsibility. First introduced surrenders the lenient basis, surrenders the lenient main basis is the crime everybody body risky reduction and judicial cost saving; Next introduction present punishment statute book to from principal offender's punishment stipulation; Finally elaborated surrenders the punishment judicature to decide after deliberation, in to criminal offender discretion of punishment time which surrenders must consider surrenders the motive, surrenders the time, surrenders the way surrenders shape and declaration aspect and so on situation.