Judicial Cognizance Of Several Problems Of Surrender

The penalty system is an important sentencing system of our country, occupy an important position in our country’s criminal legislation and criminal justice. Surrender is an often encounter problems in the judicial practice,but is difficult to grasp.The criminal code of1997and some judicial interpretations and judicial explanatory document later solve problems on different level in the judicial practice,and have a certain role in promoting judicial organs correct, effective laws.However, due to a case of type of diversification and the complexity of social life, there are still some new situations and new problems, cannot be accurately find the answer from the existing provisions.It needs to understand legal provisions and judicial interpretations of the original intention of legislation from the essence of surrender, and thus correct application lenient.This article starts from the Chinese ancient surrender system evolution in our country, talk about the theoretical basis, essence, value, connotation and essentials of establishment of voluntary surrender system.Expounds the important significance and value to the kernel.Then talk about the three kinds of basic types of surrender:general confession, quasi confession, special confession,to analyze and explore the establishment of elements of each kinds. To dig the connotation of elements of each set and judicial problems encountered.Talk about the explore expansion of the surrender system in automatic surrendered automatically and the inappropriate tightening interpretation of quasi confession crime surrender,then put forward the author’s view and the judicial suggestions.When talking about constitute elements of system and theory analysis of different types of voluntary surrende, the method of inductive analysis and practice of case combination is taken, discussing the elements one by one.This paper mainly from five parts to discuss the relevant problems:The first part is the outline of the surrender system.Mainly from the historical evolution of surrender system, theoretical basis, essence and value analysis,to the connotation and extension,and then tihe basic types of the surrender.Lay the foundation for The following talks.In the second part,analyse the elements of surrender of general,This is the main point in this paper.From "voluntary surrender" and "the confession of their crimes" aspects to analysis and understanding, and analysis existing problems in the judicial practice.In the third part, analyse the elements of quasi confession. On the basis of analysis of surrender of general,to analyse the special elements of quasi confession. The extension of judicial organs, as well as "different kind of crime", and difficult problems in judicial practice on quasi confession,all were detailed analyzed.In the forth part, analyse the elements of special voluntary surrender. In contrast to the special voluntary surrender and general voluntary surrender, put forward special elements of special voluntary surrender.The fifth part is the consummation of the surrender system. From the independent value of "voluntary surrender", and "confession constitution of the surrender system",to In front of a few parts of surrender on the basis of comprehensive analysis and research, put forward the author’s perfect and improvement suggestions.