Several Problems Of The Voluntary Surrender System

The voluntary surrender system is a very important Penalty system. It reflects our policy of combining punishment with leniency laws for encouraging criminals repent, the collapse of great significance crime, in judicial practice it plays an important role. However, with social progress and economic development, legal system, the lag is also reflected in surrender, surrender in order to better improve the system, the level of theory and practice in the surrender of the new problems facing the system is necessary.The first part starting with the concept of surrender, the nature and classification set, combined with the laws of other countries and regions of the surrender provisions of the system are outlined. This is an overview of some of the major general later turned himself in and surrender of the constituent elements of special theoretical basis for the discussion.The second part discusses the general surrender of the established condition. First, voluntarily surrendered, the second is a true account of their crimes. For the "voluntary surrender" of the elements, this paper from the time the offender surrendered, surrendered to the object, surrendered to the automatic mode, and surrendered to the four aspects of this discourse. For "a true account of his crime," the established condition, this paper is a statement from the perpetrators of their "own" crimes, must be honestly confessed his crimes and crimes of the time this statement to be discussed in three aspects.The third part is the focus of this paper mainly discusses the establishment of the special conditions of surrender. First, the main elements and actions from the perspective of the elements of identification of quasi-surrender, and then focuses on the identification system of the special voluntary surrender, that is our current "criminal" under Article 164 of the company, the corporate officers of bribery under Article 390 The crime of bribery as well as the provisions of Article 392 of the Penal Code introduced the crime of bribery, the main set up a special condition of surrender.The fourth part discusses several difficult problems in surrender system identified. Surrendered for the same crime, "double" during the surrender, handling such issues as the definition of authority put forward their views.