The Analysis On Constitutive Requirements Of General Surrender

The system of voluntary surrender is an important system of penalty in the Criminal Law of China. According to the active Penal Code of our country, voluntary surrender can be divided into three categories: general surrender,quasi-surrender and Special Surrender,of which the constituted requisites,the suitable object and the punishment principle differ from each other.The general one is a typical status of voluntary surrender, and the first provision of Article67in the Penal Code is the concept of general surrender. it is stated as "any criminal who both voluntary surrenders to justice and truthfully confess his crime after committing the crime,be surrendered." The constitutive requirements of surrender is the central part in the system of voluntary surrender,it directly affects the identification of surrender in judicial practice.In recent years,with the rapid development of society and economy, the form of surrender presents a diversified and complicated trend,and there have been many thorny problems in judicial practice.The object of study of this paper is the constitutive requirements of general surrender,the study provides in-depth analysis of the nature of voluntary surrender and the constitutive requirements of general surrender through several typical cases.The paper define the nature of voluntary surrender as criminal give up his opposite position after committing the crime and cooperate with the nation, not only truthfully confess his crime but also voluntarily accept the criminal prosecution by the state.Subsequently infer that the constitutive requirements of general surrender should be "voluntary surrender to justice" and "truthfully confess his crime",and consider the essential meaning of "voluntary surrender to justice" is criminal place himself under the legal control of the judiciary and subject to review and referee voluntarily.And then make a further discussion on the time and the wishes of voluntary surrender.This paper identifies "truthfully confess his crime" mainly from the three aspects of "faithful confession","the main facts of the crime" and "the time limit of faithful confession", Finally, the author puts forward proposals on expanding the scope of the object of voluntary surrender in legislation and establish a system of "surrender to the victim" to consummate the legislation system of voluntary surrender of our country.