Research Of Identifying Surrendered In Job-related Crimes

Job-related crime is different from the general crime, it is a kind of special andcomplicated crime. At present, in the job-related crime cases light sentencing is auniversal phenomenon, one reason is the abusing of surrendered. In order to solve thisproblem, in March12,2009, the Supreme People’s court and the Supreme People’sProcurator ate jointly formulated the “on the handling of the job-related crime casesidentified several issues of sentencing surrender, meritorious service and advice”, the“suggestion” are different in accordance with the relevant provisions of thesurrendered of job-related crimes, the cognizance of surrender more strictly, to acertain extent to solve the problems existing in the application of punishment ofcrimes, and reflected our country resolutely implement according to the law severelypunished the corrupt policy. However, in judicial practice, especially in thejob-related crime cases, there are different views of judicial organ and procuratororgan to surrender plot identification standard problem, which affects efforts to crackdown on crime in the very great degree.Therefore, the author tries to discuss surrendered plots and related issues in thejob-related crimes according to the2009“suggestion”standard by this paper, in orderto achieve a consistent between judicial organs and procurator organs in the crimescommitted of the identified standard, further perfect the theory of surrendered system,to accurately and fully grasp and correctly apply surrendered system and hoping thatit can help and improve the identification of the surrendered plots in the job-relatedcrimes. This paper including the introduction, body and conclusion, the body isdivided into five parts:The first part of the paper: The definition of the connotation of the job-relatedcrimes. First of all, the author analyzes the theoretic circles of different opinions aboutthe definition of the connotation of the connotation of job-related crimes, and putsforward the job-related crime has broad and narrow sense; Secondly, the author by starting from the requirement is clear, policy, the habit of the principle of legality,analyzes the different points of view, proposed the job-related crime is the duty of theimplementation of illegal activities by state functionaries, or breach of privilege, beforgetful of one’s duties, destroy the country on duty behavior management orderaccording with the criminal law which should be penalty punishment behavior.The second part of the paper: On the discussion of the essence of surrender. Thelist of three different viewpoints about the nature of the surrender, and combiningdifferent views that the essence of surrender to the offender after his own volition willhimself to public prosecution, and take the initiative to bear criminal responsibility.The third part of the paper: The identification of general surrender in the postcrime. The author focuses on the “suggestion” on2009, the job-related crime andgeneral crime surrender and comparative analysis, to solve the existence of job-relatedcrime cases related to surrender in general difficult problems. First of all, the authorputs forward some special cases, the “automatic”, the surrender in the stage of theperson under investigation and detained and interrogated period; the voluntarysurrender of criminals fled abroad were persuaded to return, after several of the above“voluntary surrender” views on, at the same time, the author puts forward his ownidea. Secondly, some special problems about the existence of the confession of hiscrimes were also discussed in this paper. And it talks Identification as surrender hasbeen untrue statement until the trial confession; identification of the nature of illicitmoney stolen and booty; in the confession of multiple crimes.The fourth part of the paper: Determination of quasi surrendered.“understandingcrime” and “other crimes” are discussed in detail, put forward the identificationstandard of mastering the crime is must be objective, to form a reasonable clue orevidence, that “other crimes” should not be limited in “different kinds of crimes”, onthe background of legal current, should do more to help criminal suspects explain.And it pointed out that the distinction between “different kinds of crimes”and “thesame crimes” more from the analysis of the constitute elements.The Fifth part of the paper: Determination of the special voluntary surrender inthe post crime. First of all, the part discusses the element of subject, time and confession. Secondly, it points out when special voluntary surrender and other types,we should follow the “special law is superior to common law” principle to identifybecoming the special voluntary surrender.