The Reasonable Determination Of The "truthful Confesses" Of Surrender

"Truthful confesses" is a prerequisite for surrender, in judicial practice, the situation of "truthful confesses" is complicated and though. Although the supreme people’s court do a certain explanation to "truthful confesses", there is still no uniform standard to determine "truthful confesses" behavior in judicial practice, it is hard to avoid appearing the phenomenon of the same case with different sentence, and therefore, it is necessary to deeply understanding the "truthful confesses". In view of this, this article embarks from the practice, summing up the conflict of reality existing in the case, combining with theoretical analysis, studying deeply the connotation of "truthful confesses" and related legal problems.This article includes introduction, text and epilogue, and the main text consists of three chapters:Introduction outlines the "truthful confesses" questions, the significance and purpose of the research, the related literature review, the main research methods, the article structure, the innovation and the insufficiency of this paper.The text is divided into three chapters:Chapter one, putting forward of the problems, the article is based on the data collection of Net written judgment and case analysis, it is concluded that the judicial organs put little attention on "truthful confesses", and there are quite a lot of controversy, and do not have a unified standards to identify "truthful confesses".Chapter two, the cognizance of "truthfully confesses" shall follow the value orientation of surrender. "truthfully confesses" is the essence of surrender, which is also the core content of surrender, the key of determining "truthful confesses" is to how to understand the essence and value of the surrender, and the essence of which lies in the compromise of power, which is based on the pursuit of the corrective justice.the compromise in fact is the result of a compromise between the power and right. The establishing value of surrender is utilitarian and fairness, encouraging criminals to surrender, saving the cost of justice; achieve the purpose of punishment and prevention, and implementing the fairness and justice better. Therefore, the determining stander of "truthful confesses" should not be strict, combining with the nature and legislative purpose of surrender.Chapter three, the research and apply of "truthful confesses".This chapter is divided into two parts; the first part is the content of the "truthful confesses". "Truthful confesses" refers to truthfully confess his main criminal facts, the judgment of "facts" should be regard compromise as the main criterion which should be given priority to with objective, and then, subjective is complementary. The objective facts should be real facts of law but not be absolute truth; "Own" in a joint crime means that the criminal truthfully confesses what they directly involved in the implementation of joint crime fact, besides, they should also confess all the facts which they know and having close relationship with partners in crime of joint crime; In theory, "The main criminal facts" refers to the faces and plots which have a decisive identification to the nature of behavior, and have a significant effect on sentencing. It should be more clearly about the content of significant effect. But in judicial practice, we should consider the value orientation of surrender, and do not be too strict to the criminal.we should see the criminal as the common man, and as long as the statement of fact of the criminal can make the judicial organ solved smoothly, We can assume he surrendered.The second part is related to the difficulty of the judicial recognition. The time of "truthful confesses" should be before the first-instance judgment, and the premise is the judicial organ not grasping the main criminal facts of the criminal. "Subjective attitude" and "justify" does not affect the establishment of the "truthful confesses", it is allowed that exist the confession when determining truthful confesses under certain conditions.Conclusion of the full text has carried on the summary; this paper argues that is necessary to establish a unified standard to judge "truthful confesses", and which is used to guide the practice.