Faithful Confession Of Surrender

Faithful confession, substantial elements of surrendered, also essential characteristics of surrendered, how to determine it not only impacts the establishment of surrendered, but also impacts whether the legislative purpose of surrender can be achieved. Surrendered to the system is a problem worthy further investigation both in theory or practice in the administration of justice.This paper starts from analyzing the values and the legislative purpose of surrender, and then gives the element of faithful confession a comprehensive discussion and analysis. For general surrendered and the quasi-surrender, the element of faithful confession has different contents, combined with the problems of judicial practice, respectively giving comprehensive analysis and elaboration.This article reads as follows:The first part, basic theory of surrender. In accordance with the legislative spirit and specific content of the system, the author puts forward that the value orientation of surrender is utilitarian priority, taking into account the fair. Making a comprehensive survey of different views on legislative purpose of surrender, the author comes into a conclusion that the legislative purpose of surrender includes encouraging the offender to justice on his own initiative, achieving the purpose of punishment effectively, saving the cost of justice three aspects.At the same time, the article makes a summary of the judicial interpretation of faithful confession element. This part has laid a theoretical foundation for specific research on the element of faithful confession in the following article.The second part, faithful confession to the general surrendered system.This part will divide the element of faithful confession into three problems to describe:time, subjective attitudes and the content. The time of faithful confession should be before the first instance judgment at the latest, at the same time referring to the extent of the facts of the crime grasped by judicial office. The establishment of faithful confession does not require the offender to express remorse, plead not guilty does not affect the establishment of surrender. The content of faithful confession subdivided into the three aspects:"truthfully","own" and "the main facts of the crime"to investigate, the judge standard of "truthfully" is a compromise said with the core of objective theory; In the joint crime, different kinds of actors" own" has the specific intension and extension, accordingly particular case needs particular decision;"The main facts of the crime" is the basic facts of the crime to prove that the offender constitute a crime, only refers to the objective facts of the crime.The third part, faithful confession to the Quasi-surrender system. This section will divide the element of faithful confession into three problems to describe:the range of "judicial office",the understanding of "not yet mastered",the judgment of "other crimes"."Judicial office" generally refers to the authorities directly handling the case, but should expand explanation when the crime entered the national public security information network or wanted by the law.The judgment of Not yet mastered" includes both subjective and objective aspects, on objective investigation organs have mastered a certain amount of evidence for crime undiscovered, on subjective investigation organs have consciously started investigations and had rough direction of the investigation. There are leaks in the interpretation applies of "interpretation" and "opinions" about the "other crimes", so when explaining "other crimes", we should identify the behavior of offender as surrender as far as possible to weaken the negative effects of" explain" and "opinions".