| Differently from other crimes,duty-related crime is a kind of special and complicated type of crime. However,in the current judicial practice, the cognizance of the surrendered of the duty-related crime is too much generalization, resulting in large numbers of light sentencing extremely in the case of the crime.In order to solve this problem,The Supreme People’s court and the Supreme People’s Procuratorate formulated the "on the handling of the duty-related crime cases in identified some problems of sentencing of surrender and meritorious "in 2009.It is is more strict in the case of duty crimes confession.This judicial interpretation solved the problem of the application of penalty in the case of duty crimes, and also reflects the implementation of the policy of the corrupt elements in accordance with the law.Therefore, based on the existing legislation and judicial interpretation,the author tries to obtain the special features by comparing the duty crime of surrender and the general case’s,and seek the legislative intent, so as to provide some help about handling these cases and achieve a unified standard.In the first part of this thesis,the author concludes the particularity of the confession of the duty crime through the comparison of duty crime and other crimes.In the second part,the author lists the problems existing in the confession of duty crime in the judicial practice of our country, and points out the main problems of the non unification of existence and the application of voluntary surrender.The third part of the paper:the identifying surrendered in the duty-related crime.This is the key part of this article.The author focuses on the two basic elements of "surrendered" and "confession",analysis whether the confession is established in the special stage.Besides,the author analysis the time node and the contents of truthfully confession and provides the relevant standards for the identification of the voluntary surrender of duty-related crime. |
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