A Study On Several Issues About Voluntary Surrender System

Surrender system is an important part of our penal system, set up the main purpose is to let the implementation of criminal behavior person to be able to turn over a new leaf in a timely manner to the judicial organ, surrendered, so that the country can timely to prosecute a crime, save the judicial resources, improve judicial efficiency. In our criminal law and the supreme people’s court for handling surrender "the explanation of merit and the concrete application of law, the supreme people’s court for handling opinions on some specific issues of surrender and contributions in the situation of surrender of relevant rules, and offer some help to the judicial practice work, but with the development of the society, the case type also constantly presents the complicated and diversified, above the law and judicial interpretation also can’t good to provide powerful guidance related to the case. So, you need from establishing the purpose of the surrender system and the related judicial interpretation of legislation intended to recognize and understand social surrendered in the light of new type of behavior, in order to better play the role of the system.This paper discusses the main problems from the general surrender surrender, must surrender, unit surrender.From the analysis of the problems of the general surrender, this part mainly from the general surrender of the "voluntary surrender", "confession" of two elements were discussed, based on the two elements of case analysis. "Surrendered" elements mainly from the "automatic", "surrender time" the two part, through the analysis of the case in the focus of "automatic", "surrender" to conduct a comprehensive analysis on the content, and to understand the profound. "Confession" is mainly through the analysis of "identification" and "major criminal facts truthfully confessed the time limit" two parts of the case analysis, the influence of sentencing from upgraded secondary facts are retracted, "truthfully confessed the main facts of a crime" and a pretrial confession of remand when truthfully confessed the facts of the crime, whether in the confession of the time, through the analysis, the problems be smoothly done or easily solved in the case.From the analysis of problems of must surrender, this part is mainly to analysis through the establishment of the subject elements and object elements of quasi confession, through the case to further explain in judicial practice for some legal and judicial interpretation of the provisions of how to identify the problems under the condition of not clear.From the analysis of problems of unit surrender, this part through a case study, through the analysis of the case of unit surrender will as well as the main responsibility of the unit in question to surrender surrender the contents of these two parts, the relevant unit surrender finds the problem more clearly.