Research On Some Problems Of General Surrendered System

Surrendered system is an important sentencing regime expresslyprovided for in the Criminal Law, it has a positive effect in the appealof crime who pleaded guilty Executed, of penance and judicial cost savings,improve judicial efficiency, thus China since ancient times emphasis onsurrendered systems scientific formulation. This paper, combined with thePenal Code as well as the relevant judicial interpretations, is dividedinto five chapters on general surrendered system analysis study of thedeep-seated.The first chapter study the nature of the surrendered. This chapterfirstly discusses the philosophical concept of essence and phenomenon,noted the essence of the three characteristics, then as a basis for commentof theorists of Criminal law surrendered essentially six different pointsof view, finally, the point of this article, that surrendered to the natureof the crime after the crime automatically truthfully as raising theirown crimes, and bear the corresponding legal consequences.Chapter II study general surrendered to the elements of theestablishment. This chapter first introduces general surrendered the meaning, this study indicates only surrendered, that the provisions ofArticle67, paragraph1, of the Penal Code, general principles surrenderedcontent. And then surrendered to the establishment of the three elementsof perspective. But there are significant differences in the content ofthe three elements of content with the traditional three elements, theauthor of the meaning of the voluntary surrender "to redefine that refersonly to the perpetrator after the crime automatically admit theimplementation of the crime to the judiciary, rather than want placedunder the control of the judiciary, so that can not escape the meaningcan not be covered in their personal, including crime and should bediscussed in the third element of;“Truthfully confessed his crime”,the second requirement,should contain truthful confession can not beretracted, and the discussion should not be placed in the third elements;Part of the third element connotation accept the national review of thereferee "much richer, its real meaning is to follow the requirements ofthe judiciary to ensure that documented not impede the judiciary itsreview with the referee, and shall not escape just the elements of content.Chapter III studies the voluntary surrender. The chapter is dividedinto three, time Section I study voluntarily surrendered, voluntarilysurrendered to the time range, the offender received judiciary verbalnotice after they set up a voluntary surrender of the problems, as wellas acting suspicious voluntarily surrendered identified problem. SectionII study voluntarily surrendered automatically to explore the issue ofthe distinction of the "automatic" and "proactive","to accompany thefirst and sent the first" identified problems, as well as relatives andfriends led by judicial officers arrest whether the perpetratorsidentified for the voluntary surrender of the problems. Section III studyvoluntarily surrendered, and focus on the analysis of the place to becatching voluntarily surrendered to the problem. The Chapter IV Research truthfully confessed his crime. This chapterdiscusses the two major problems, one is, how should one interpret the"crime", the paper argues that the offense should have the main facts ofthe crime is the crime, the facts of the crime is the crime people commitcriminal acts was the objective, subjective aspects of the situation,while no personal information, including the identity of the perpetrators.The other is only truthfully confessed crimes committed with severalcrimes, turned himself in how to identify the problem. This paper arguesthat Dissimilar Crimes "points in terms of" voluntarily surrenderedthemselves voluntarily surrendered themselves with several crimesconviction and sentencing, and then combined punishment.Chapter V study received the national review with referee. The chapterexplains the meaning of the elements to be rich, surrendered thantraditional meaning of the three elements of the crime must obey theinstructions of the judiciary to ensure documented, shall not impede thejudiciary of its review and referee. Including two cases: If the judiciarydecides coercive measure, the offender should listen to their own personalarrangements will be placed under the control of the judicial, and notto run away; Second, if the judiciary is not coercive measure, crime peopleshould obey the judiciary messaging goes to ensure the documented, andshall not escape or undue delay.