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Research On Several Problems Of Voluntary Surrender

Posted on:2013-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:H Y SongFull Text:PDF
GTID:2246330374988381Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Voluntary surrender refers to the action that the perpetrator has his right of freedom exercised by relevant judicial organs under his free will and is willing to be investigated by the judicial organs after his commission of a crime, before being brought to justice. The history of legislation of voluntary surrender can be dated back to ancient times. The legislation of voluntary surrender has become more detailed and specific today. Viewed from the character of automaticity and the objective aspects, the nature of voluntary surrender is that the perpetrator is subjectively willing to be investigated by the judiciary. The constituent elements of voluntary surrender include the subjective elements and the objective elements. The former is a combination of will and purpose; the latter is the specific objective aspects of surrender, including the time limit for surrender, i.e., the crime has been committed, yet has not been brought to justice. The objects of surrender are the public security bureau, the procuratorate, and the court and their detached organs, such as police substations, detached courts and so on. Ways of surrender include surrender for oneself, surrender on behalf of someone, surrender by accompanying, surrender by sending, and surrender by persuasion and so on. As for the identification of voluntary surrender, the provisions of relevant judicial interpretations have changed from the listing type to the listing plus generalization type and become more reasonable. However, in relevant judicial interpretations, some specific terms are still vague. There are still many problems to be study in terms such as "criminal acts have not been mastered","suspicious", and "really ready to surrender",which has provided important issues for study regarding the judicial determination of voluntary surrender under a number of special circumstances.
Keywords/Search Tags:voluntary surrender, free will, constituent elements, judicial determination
PDF Full Text Request
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