Studies About Determined Surrender Of Duty Crime

Ｔｈｅ surrender in the criminal facts is always the key point of the handleposition, is also the difficulty．laws and judicial interpretations have detailed rules todecide how to surrender, and by the law enforcement and judicial interpretation ofthe law on legal interpretation is different, in terms of surrender that there existdifferences and disputes, plus the diversity and complexity during the judicialpractice itself, on in that there are many difficult to accurately grasp the problem.Such as automatic surrendered to surrender in what is considered＂automaticity＂;Surrendered after the failed to timely truthfully confesses criminal facts can beidentified as surrendered, and the judicial interpretation provisions＂case-handlingorgan have criminal facts＂and＂case-handling organ have clues to criminalfacts＂and＂survey conversation, in the case authority during interrogation andinvestigation measures or mandatory measures, confessed the crime＂ what itshould be understood, as well as by the procuratorial organs in the investigation fordisciplinary violations of cadres cases found and handed over to the judicial organsof post crimes, in that condition and judicial organs investigation found that thedifference of post crimes. Aiming at these problems, the author through to the realcase analysis, trying to surrender in post crime that the analysis of existing problemsin the exploration, on this basis, combining with the related criminal law theory, putforward views for reference, in order to the judicial practice has a certain referencevalue and guiding significance.