On The Surrender Themselves To Identify And Perfect

The system of voluntary surrender is an important part of China's criminal law system, which is also a combination of punishment and criminal policy of leniency in the criminal law expression, aiming at encouraging the offender to surrender and disintegrating the Joint criminal, and it has been subjected to national criminal legislation and judicial attention. The identification of surrender is an important part in the system of voluntary surrender.Due to the complexity and diversity of practice, identify voluntary surrender exists many difficulties, and it's also need to be improved. In accordance with this article from the general to the particular method, discussing how to identify voluntary surrender, and put forward my own ideas about the improvement of voluntary surrender.The first chapter is about a voluntary surrender of the legislative model and classification. The chapter is divided into two sections, first section is the voluntary surrender of the legislative model, and mainly discussed the concept of voluntary surrender and the legislative pattern classification, describing the evolution of the concept of China's voluntary surrender and the voluntary surrender of the classification of legislative model, foreshadowing the classification of the voluntary surrender. Section II is about the classification of the voluntary surrender t, by analyzing the voluntary surrender of our country is divided into three: general surrender, special surrender, and quasi-voluntary surrender, making the foundation for the futher discussion.Chapter II is about the identification of a general surrender. The chapter is divided into two sections, section I, discussing"surrender himself voluntarily ", mainly talking about the time, objects, methods, and motives of voluntary surrender. Section II is about the"truthfully confesses his crime", identified two aspects: the confession must be truthful and the crime must be his own. Chapter III is about the establishment of a quasi-voluntary surrender. The establishment of quasi-voluntary surrender requires two conditions: the subjective elements and objective elements. Put forward my own views about the scope of the establishment of a quasi-voluntary surrender, and how to identif y"other crimes","unknown to a judicial organ"in"other crimes that are unknown to a judicial organ"which is expressed in China's criminal law.ChapterⅣis about the establishment of special surrender. Analysis of the characteristics and application of special surrender terms, and studies the compet with different types of voluntary surrenders.Chapter V is about the particular aspects in the identification of voluntary surrender. This chapter is devoted to analysis the surrender in the joint crimes, several crimes, negligent crimes, communication or transportation accident crimes, and Crimes Committed by a unit.Chapter VI is about how to consummate China's voluntary surrender in legislative. In the discussion of voluntary surrender, we found the deficiencies in our system, such as the establishment voluntary surrender in"the crime to be handled upon complaint", expanding the scope of the special voluntary surrender.