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Analysis On Some Problems In Confirmation Of Giving Oneself Up

Posted on:2015-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:J F WangFull Text:PDF
GTID:2266330428955922Subject:Law
Abstract/Summary:PDF Full Text Request
In the lawful practice in our country, giving oneself up is an importantcircumstances of sentencing, giving a lesser punishment for criminals. Givingoneself up system existed in our system of criminal law as a typical tool insentencing, with its special value and meaning, embodying the idea of combiningpunishment with leniency, giving oneself up of our country origins from Xia dynasty,with thousands of years. Despite time passing by, some significant traditionalcultural ideas such as morality given priority over penalty, theory of originalgoodness of human nature and so on still sparkle nowadays. After the birth of newChina,this system gained perfection. In1979, giving oneself up was set again incriminal code, and in1997, criminal code explicated the definition of giving oneselfup. Generally, China’ criminal law divides giving oneself up into general givingoneself up, ready giving oneself up and special giving oneself up, adopting the wayof combination of general rule and specific provisions. Recently relative departmentsrevised and perfected judicial interpretation to efficiently solve some disputableproblems in rules of giving oneself up, establishing law, judicial interpretation andlegal super files.However, with the development of economic society,some concrete cases arebecoming more and more complicated, and law system existed cannot solve all thesituations. In terms of some relative complicated cases, it is hard to find certainanswers in existed laws. It’s common to experience such phenomenon that differentcan give different results in the same case, which cannot only influence vital interestsof criminal suspect, but also damage the authority of law. Therefore the thesis adoptsthe way of combination of practice and theory to understand the true meaning ofgiving oneself up, including self-motion in giving oneself up and truthfully givingoneself up, and adopt two details rule to convict the crime of giving oneself up insuspicious appearance and movements, retention scene, relatives and friendsinvolved and bringing to justice again, finding out disputes and illustrating nature and phenomenon so as to have some beneficial discussion for the study of laws,reflect deficiencies in giving oneself up system and put forward some actionencouraging methods that can hardly work for human relief; as of study methods ingiving oneself up system, this thesis emphasizes the angles of study and somephenomenon that doesn’t benefit special aims in conviction in giving oneself up. Tosolve these problems efficiently, a complete clearing and perfection is needed,explanation of action beyond one’s authority, mutual contradiction or clauses deviatefrom original rules are also needed, e.g. evaluation for the value of giving oneself up,addition of system of giving oneself system, clear illustration of relative problems ofcrime, to improve the feasibility of giving oneself up in our country’s law.
Keywords/Search Tags:Giving Oneself up, Giving Oneself up System, Confirmation of Giving Oneselfup, Self-motion Giving Oneself up, Truthfully Confession
PDF Full Text Request
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