Problems And Perfect Measures Of Voluntary Surrender In Judicial Determination

Since ancient times, surrender, as a primitive and simple rule of law, exists widely in the general public’s perception. Meanwhile, as a statutory sentencing, it also has a pivotal position in the criminal law and constitutes an important part of the sentencing system. Its lenient punishment of justice back strongly urge criminals pleaded guilty to repentance, while significantly improving the work efficiency of the judiciary, the rule of law in cost savings. Therefore, the study of surrender has never been stopped to both theorists and practitioners.But in recent years, with the rapid economic and social development, information technology and other criminals surrendered way, the process of justice, the judiciary and other offenses account surplus was also found in the form of diverse, complex trend. Because laws and regulations can not be one of these specific issues make it clear that, therefore, finds that in practice, and how sentencing remains a matter of opinion, different standards apply to the phenomenon of these new types of surrender. In recent years, judicial practice, the plot of the complex forms of crime, apply equally varied circumstances surrender, plus laws and regulations lag characteristics, making identification voluntarily surrendered themselves when in judicial practice, existing laws and regulations and relevant opinions and other documents can not always explain the special circumstances of the case exhaustive. So perfect surrender regime on the basis of existing laws and regulations, especially surrendered recognized under special circumstances has become particularly urgent and meaningful.This paper begins with a brief summary of the relevant legal provisions surrender system formulation, development and the recent surrender of the laws and regulations on the system of continuous improvement, including Zhejiang Province, surrendered to the judicial practice identified complement, and then surrendered to the current reality of judicial cases analysis of the problems identified. Trial combined with the author’s daily work-related cases and special circumstances arise, the actual implementation of the control laws and regulations, from drug crime problems in quasi-surrender, surrendered and true account of whether separately identified, was taken during the escape enforcement measures they surrendered, orally or by telephone subpoena is identified surrendered, the case went to the police station to resolve disputes mutual five aspects, combined with actual cases, will surrender the problems identified, the dispute for comparison analysis, the final practice of the perfect combination of surrender made recommendations system. First, I propose a unified standard identified in the legislative session, through continuous improvement of criminal legislation and judicial norms to achieve the unity of the country finds surrendered state, followed by the recommendations in the investigation, the review link unified verification procedures, such as the process of gathering evidence for questioning norms fixed, definite issue surrendered performance identify specific units submissions, the final recommendations of the trial and sentencing standard part of a unified, truly co same sentence.