| Voluntary surrender of Job-related crime has the characteristics of some surrendered is different from other cases,because of its special case-handling organ diversity,individual crime constitution and the law has special provisions,In this paper,three typical cases are selected,and the problems existing in the self-identification are analyzed,and the Suggestions for further improvement are put forward.The thesis is divided into four parts:In the first part: In combination with the typical cases encountered in practice,this paper summarizes the prominent problems in the self-determination of three kinds of criminal cases,including the general confession of criminal law,the special confession of criminal law,and the confession of the crime of the crime of special crimes,and the misunderstanding and the understanding of the differences.The second part: the focus of dispute the legal issues involved,summarized as "surrendered" automatic understanding of applicable,the relationship between general surrenders and special,the offence described in the specific provisions of "don’t tell" and the general three aspects of the connotation and status of the "truthfully confesses" problem,return to surrender system of legislative intent and the essential connotation,analyzes the above problems.The third part: based on the viewpoint of the second part,we will judge the typical cases,and put forward the specific criteria for the relevant issues,and also discuss the deficiencies in the existing provisions or the judicial practice.The fourth part: from the legislative and judicial aspects of the proposal to improve the self-surrender system,with a view to eliminate the reality of differences and unify the judicial determination. |
