Surrendered A Number Of Issues

Surrendered to the criminal law system is an important discretion of the penalty system in China has deep historical roots, the history of the development in the legal status of an important, and in the development process can be perfected gradually. Whether in theory or practice in the administration of justice, surrendered to the system is a problem worthy of further investigation. Surrendered to the correct understanding and application of the system, to encourage and guide the voluntary surrender of criminals, rehabilitation and effective realization of penalty for the purpose of crime prevention has important practical significance.This paper critically analyzes the concept of criminal law scholars on the surrender, the nature of the various elements of the view to proceed, Surrendered in connection with the general system theory, Representative of several special circumstances that the issue of surrender of a more comprehensive discussion and analysis. The paper cited by a large number of cases, and case analysis to verify the theory. Finally, turned himself in on how to further improve the system of his own views.This article reads as follows:The first part.Surrendered to the system outlined.This section first briefly review the history of the Chinese surrendered system evolution, summarized in the current Penal Code, Criminal Code of 79 on the surrender of the system changes to improve the content; Secondly, on the concept of surrender, the nature and classification of several fundamental problems. The author under the existing provisions of the Criminal Code to clarify the concept of surrender, Surrendered to the nature of "voluntary criminal liability", Summary of classification of the surrender, and surrendered in accordance with the existing legislation on the classification discussed in the text to start; Finally, on surrender of its legislative purpose and since the basis for a lighter sentence for the culprit.The above system below to start discussion on the surrender has laid a solid foundation.The second part. be founded voluntarily surrendering self condition. Problem priority being introduced voluntarily surrendering self in general , allowing some dispute in setting up important condition , analysing educational circles setting up condition about voluntarily surrendering self voluntarily surrendering self and voluntarily surrendering self especially.The third part. several peculiar species circumstance voluntarily surrender self firm belief. This part to surrenders the establishment important document analysis according to the preceding text, right "the double gauge", "double points to" the period to surrender recognized that in the question, the joint offense surrenders recognized the question, the unit crime surrender recognized the question, kisses asks for mercy surrenders recognized the question carries on the quite comprehensive analysis.The fourth part. voluntarily surrenders self the system legislation perfect. System has brought forward this part to voluntarily surrendering self in the previous article on the basis that multianalysis inspects, perfect voluntarily surrender self several direction of system: Make the system stipulating that the unit voluntarily surrenders self clear; Increase set up a relative telling crime system voluntarily surrendering self; Appropriate expand the range voluntarily surrendering self especially.