Study On Mid-East Interactive Development And Economic Cooperation In Mid-China’s Rising

The voluntary surrender is an important sentencing system set up in the criminal law of China, it makes criminals to repent and start anew, to improve detection efficiency, effectively realize the purpose of penalty, play an important role in. However, for a long time, both the theory circle and practice circle of the concept, nature, and in1998the Supreme People’s court "about voluntary surrender and meritorious service on Several Issues concerning the specific application of the interpretation of the law"(hereinafter referred to as the "explanation") in the "automatic","truthfully confesses his crime" and in2010the Supreme People’s the court "about voluntary surrender and meritorious service for some specific issues"(hereinafter referred to as the "opinions") there are significant differences in the "confession", which makes the positive role of the surrender of the system can not function effectively. At the same time, many new to emerge in practice, become the difficult problem in the determination of voluntary surrender. Therefore, it is necessary to re-examine the surrender of the system theory, reveal the nature of the surrender of the system, in order to help better realize the purpose of penalty system. This paper aims to study on voluntarily surrender system theory, discusses the problems encountered in the judicial practice. The author from the source, the first to discuss the concept and essence of surrender, surrender of the concept that only two elements in the form, one is the voluntary surrender, two is the confession of his crime. The essence is the criminal out of inner pleaded guilty, and is willing to assume criminal liability. Only such a definition, can effectively will surrender and other criminal discretion system to distinguish. Next, the author mainly discusses the general surrender in the "automatic","confession" and "crimes" concept, connotation and understanding. On this basis, to analyze the problems appeared in practice, put forward own views. It consists of twenty-five thousand words.