Research On Some Problems Of The Surrender System

The surrender system is an important penalty system, which is of great importance to encourage offenders to surrender by themselves and to save the judicial cost. Crime law makes rules on the surrender system, meanwhile, related judicial explanations add new points to it. However, there are some controversies on the affirmation of the surrender system owing to its complexity and variety. At the same time, under today's criminal judicial policy of tempering justice with mercy, how to use the surrender system in the right way and how to realize its goal is the problem to study.I am working on public prosecution in procuratorate.During my own working practices, I confront some puzzles of the surrender system. So I studied on this subject in order to summarize my long-term deliberation and research.This thesis is to research on the controversies and penalty of the system with five parts and come to my own conclusion by studying the basic theory and the present situation of legislation as well as judicial practice of the system.The first part is concerning the summary of the surrender system. It analyzes the conception and essence of the system, also deny the point that"reception of the nation's investigation and judgment"is a must element of the surrender. In this part, surrender means the offender truly confesses his crimes voluntarily or to confesses the other crimes that the authorities do not probe before. And the nature of the surrender is that the offenders voluntarily to go into the nation's prosecution. The first part is the basis of the study of the system.The second part is concerning the affirmation of the surrender. Under the analysis of the notion of"voluntarily surrender to justice"and"to confess his own crimes", this thesis uses related cases to affirm the related problems of the suspicious surrender, surrender after oral information from the judicial authorities, to surrender by his own relatives and surrender that do not refer to the illicit money and the illicit goods, and comes to conclusion that if the authorities find the related goods from the place where the offenders live, they cannot deny the surrender unless these goods are important proofs.The third part is concerning recognition of quasi-surrender. Firstly, it is analyzed concerning applicable body of quasi-surrender, which shall cover suspects whose personal freedom has been restricted, without escaping, defendants, and criminals, detained in the prison and other detention facilities, or other criminals who suffer detention or above. Secondly, it is analyzed concerning objective circumstances of quasi-surrender. It shall be in accordance with reality to grasp the principle"judicial authority not having grasped", based on the actual situation grasped by the judiciary, and the same kind of crimes shall be included in"other crimes".The forth part is concerning special problems of surrender. Firstly, it is analyzed on the surrender of multiple crimes. The effect of surrender of different kinds of crimes does not extend to the whole case; while the same kind of crimes shall be deal with distinctively. When the part of the surrender is worse than the other part, the effect of the surrender shall extend to the whole case, given the main criminal facts confessed. Secondly, it is analyzed on the surrender of traffic accident crime, which shall be included in each punishment class. Thirdly, it is discussed comprehensively on the feature of surrender of duty crimes and recognition, in accordance with relevant judicial explanation.The fifth part is concerning punishment of surrender. Firstly, it is analyzed what the basis it is that the surrender shall be published leniently. Theoretical basis is that personal dangerousness caused by the surrender is less and the judicial cost is reduced. In addition, the standard of"crimes are relatively minor"is also defined. Secondly, it is analyzed concerning application of the principle that the surrender shall be punished leniently. It shall be as its principle for the surrender to be published leniently, and not be done as exception, in accordance with relevant judicial explanation, and the range shall be based on the motivation, time, ways, and statements of the surrender and so on.