Theoretical Basis For Judicial Determination Of The Case Of"Yaojiaxin" Surrendered

The surrendered system is based on the legal system for the evaluation of object surrender behavior of the perpetrators, but also in our penal system components of. The existing Criminal Code of surrendered under a clear definition, both the so-called surrender, the perpetrators of the crime after the voluntary surrender truthfully confessed his crime; or detained personnel active truthfully confessed judiciary has not yet mastered the facts of the crime and voluntarily accept the punishment. Surrendered the system has a pivotal role to implement the policy of our country "Leniency" criminal differentiation, disrupt criminal, encourage, guide crime automatically gave himself up, repent, thus effectively apply in judicial practice surrendered system The purpose of science to achieve our penalty, meaning striking. However, surrendered to the identification and punishment of inconsistent and surrendered some of the problems encountered in the judicial practice the Central Standing Committee, resulting in a penalty on the difference, for instance, some acts identified as surrender, but not to be lenient punishment, some behavior has not been identified as surrendered but be lenient punishment, some behavior is not identified to be surrendered but identified as surrendered but the same leniency punishment; different judicial hold different views and different judicial applicable sentencing imbalance, damage to the fairness of the legal just so that will not be able to achieve the maximization of social conflicts, and thus unable to achieve legal and social effects of new era advocated judicial organic combination. Accumulation in these practice surrendered especially after "Yao Jiaxing "sensation in the country", like a ripple in the community led to considerable controversy. Identified the Conditions of Surrender, what difference does it mean to get "amnesty" identified surrender? A series of questions posed before the law placed in front of the public. In fact, the formulation of any legal value orientation and legislative reasons behind legislation to govern legal trends and trade-offs. Turned himself in for sentencing this important judicial practice guidelines related to how the system, in its wake, but there are even more profound legislative value and legislative reasons. Articles"YaoJiaxing"case nationwide sensation, trying to explore the essential connotation from the first and the establishment of conditions identified through the analysis of cases brought controversy, and decipher the theoretical basis for the surrendered lenient punishment, then this put forward on the basis of the applicable standard of judicial surrender system, trying to resolve some of the controversial judicial practice surrendered to cause thinking of my colleagues on this issue and to better guide the judicial practice.