Study On The Difficult Problems Of Voluntarily Surrender In The Confession System

There is no denying that The Voluntarily Surrender is the most important condition of the Confession System. It also distinguishes between the confession system and other punishment circumstances. Based on this, this essay will study on some difficult problems of voluntarily surrender for carrying out the criminal law and judicial interpretation.Full essay is divided into three chapters, except introduction. The text around three aspects: subjective will, time requirements in voluntary, object of surrender and surrender behavior, specific as follows:The first chapter discusses the subjective will of the voluntary surrender. The first chapter is about the understanding of voluntary, the author analyzes the question in the view of initiative and voluntary and deems voluntary the key in the identification of voluntary surrender. The flaw in criminal’s initiative does’ nt affect the identification of voluntary surrender. Secondly the chapter talks about the cognitive mistake when the criminal gives himself to the police, author thinks the criminal’s subjective state of mind should be take into consideration too. Besides, the author also studies the suspicious-looking voluntary surrender with flaw in subjective will. Firstly, this part explains the concept of suspicious-looking voluntary surrender, distinguishes the criterion of suspicious-looking and the criminal suspect. At last, discusses the items the criminal carried related to crime On the handling of voluntary surrender and meritorious service suggestions according to the relationships. This article analyzes the rationality of the Suggestion and thinks the regulations are too strict. The relationships between the items that one person carried with him and the discovery of the crime need concrete analysis in concrete problems. Even the does’ items carried with him has the criminal suspect, but if the crime that the doer confessed is more serious than expected, we should think the crime hasn’t be found yet and forms voluntary surrender.The second chapter discusses the time requirements in voluntary, parsing the time limit in forming voluntary surrender according to On the handling of voluntary surrender and meritorious service suggestions. The first part is the understanding of after committing a crime, the author divides the problem into four parts and analyzes one by on. In addition, the author discusses the problem about initiate report the police. This article combines the criminal’s initiative and voluntary with report the police to analyze this problem. We can reflect our negative evaluation though measurement of penalty to those cases with a vile nature. The second part is about the understanding of not yet been interrogated. In this part, the author elaborates the time when the criminal can receive interrogate. As to those people who are suspected of being involved in crimes by taking advantages of duty, talks about the problem whether their truthful confession can form voluntary surrender after shuanggui and liangzhi. The author comes to the conclusion that those acts can’t be taken as voluntary surrender because of the lack of time requirements. By the way, the author also demonstrates the identification of voluntary surrender when summoned to court. The third part is about the understanding of do not receive coercive measures. This part starts from the connotation of coercive measures and rule out judicial coercive measures and administrative measures. Despite five kinds of criminal coercive measures, the connotation contains the cases when the judicial functionary take physical force on the criminal suspect or the criminal suspect lose his personal freedom. This part also talks about the case when the suspect criminal escape after coercive measures, and considers this case voluntary surrender via the analysis of concrete cases.The third chapter elaborates the surrender behavior in voluntary surrender. First of all, discusses the object of surrender and make clear the scope of its object. Despite the judiciary authorities, other institutions have the nature of medium. If the criminal suspect don’t transfer to the judiciary authorities, these criminal suspect can’t form voluntary surrender. Besides this, this part contains the discussion of surrender to the victim. In this article, the author proposes to add shoufu in voluntary surrender based on whether the crime belongs to no trail to without complaint. The second part demonstrates the form of voluntary surrender in the perspective of the methods of surrender, and divides the methods into three kinds, surrender oneself in person, surrender oneself through others and surrender oneself with the company of others. And then run through these methods one by one. The author discusses the case when the criminal suspect wait at the former place in surrender in person in details. Analyze the connotation and category of this case and pinpoints that the subjective consciousness and objective act of stay are necessary when identify voluntary surrender in this situation. Further more, if the criminal suspect wait at the former place and his relatives call the police to arrest him, the subjective and objective components should be seriously taken into account.