Studies On The Judicial Deteminatiaon Of Surrendering To Justice Initiatively

The concept of surrender is legal lighter punishment system in our criminal system.The judgment of surrender is very important in practice.In our criminal law system,the concept of surrender includs common surrender, quasi-surrender and special surrender.The surrendering to justice initiatively of this paper studding is existting in general surrender.In our criminal system,general surrender needs " surrendering to justice initiatively" and " confession truthfully".Surrendering to justice initiatively is the precondition to assess the general surrender.The confession truthfully isn’t difficult to judge,contrary, it is very complex for the judgment of surrendering to justice initiatively.The surrendering to justice initiatively is the direct embodiment of the general surrender of the legislative value.No surrendering to justice initiatively should not be considered to general surrender of course.In judicial practice,it is dealed with inconsistent on the judgment of surrendering to justice initiatively, such as "notice surrendering" and " surrendering after appearing in court" and so on.In a certain sense,this problem was born out of the legal concept of surrendering to justice initiatively,but it isn’t the reason for the application unfair of the law.The judgment of surrendering to justice initiatively is very important for the accused man. So,It needs to be studied and resolved as soon as possible for making clear of the judgment for surrendering to justice initiatively.For the concise of the law,the judgement standard of the Surrendering to justice initiatively is very controversial in many cases.Such as,what’s the concept of surrendering to justice initiatively,what are the conditions for the establishment of the Surrendering to justice initiatively,appearing in court for notifications is or isn’t classified of the the surrendering to justice initiatively,the surrendering after appearing in court is or isn’t classified of the the surrendering to justice initiatively.These problems are very difficult for the judges.For these problems,The law and the interpretation of the law haven’t make specific provisions.The first part of this article discusses the concept and features of surrender and surrendering to justice initiatively. The second part of this article discusses the establishment conditions of the surrendering to justice initiatively.The third part of this article discusses the judgment of the surrendering to justice initiatively in some special cases.In this article,the author points out his personal opinion for the judgment of the surrendering to justice initiatively,with the hoping to provide a reference to the judicial practice.This article defines the requisites of the judgment for surrendering to justice initiatively,and puts forward clearly for the constituent elements such as " surrender spontaneous"," accepting the punishment"," surrender time"," effect qualitative method" and so on.According to the judgment for surrendering to justice initiatively is our legal,legal’s history and legislative intent.The new view of this article is putting forward a clear opinion for such as "notice surrendering" and " surrendering after appearing in court" and so on dispute case in practice.For "notice surrendering",does not conform to "surrender spontaneous",for " surrendering after appearing in court",does not conform to"surrender time",so,they should not be judged as surrendering to justice initiatively.