Determination Of Voluntary Surrender And Meritorious In Bribery Case

In recent years,as China’s anti-corruption efforts on increasing crime, criminal legislation has also been constantly revised and improved for the crime of bribery. But with increasing legislation, also the law applicable brought some disunity to the judicial practice. In this situation,, binding the criminal law and the relevant legislative interpretation and judicial interpretation of the crime of bribery and accurately identify surrender and meritorious service in the judicial practice,is of great significance. In order to more clearly in favor of judicial practice guidance,in this paper,by means of case study, analysis bribery cases that appear to surrender, meritorious service and related issues.The thesis has about 20000 words and includes four parts in total.The first part is the basic circumstances of the case,including cause of action, case presentations and disagreementthe, identified in this case processing summed up the focus of controversy in this case,including the identification for surrender when the perpetrator is informed conversation, confessing his crime truthfully and whether the perpetrator identified as meritorious, confessing truthfully to the involution of crime.The second part is the legal analysis, the author first analyzes elements of surrendered and identified problems, Concluded the general standard of surrender is "voluntarily surrendered" and "truthfully confessed".Then author combines relevant information, Studied the identified for surrendered plot during the "Double Designation". And discuss the difference between the "Commission for Discipline notice Talk" and during the "Double Designation ",when the perpetrator truthfully confessed a crime. Explanation of existing judicial interpretation of irrationality. Then the author through the analysis of existing meritorious system, clarifying the general criteria for the identification of meritorious circumstances.Analysis of the identification of meritorious circumstances bribery prosecution of others who bribe, results that revealed type meritorious shall conform to expose the "other" crimes as recognized standards.The third part is the conclusion of the case study. According to the conclusions of the legal analysis, in this case when the perpetrator to be notified,then truthfully confessing a crime,should be set up to surrender. In this case when the perpetrator truthfully account for involution of crime, does not established meritorious.The fourth part is the enlightenment of the case study。Divided into two parts: First,the author believes that the identification criteria for surrender of the conversation should strictly defined.Second, analysis the problem of the perpetrator truthfully account for involution of crime does not established meritorious. And put forward improvement of the program of corruption and bribery cases’ meritorious identified.