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

Criminal Law of the People's Republic of China and relevant judicial interpretation for the regulation of surrender system is more and more detailed and perfect,which is reckoned with to guide the judicial practice.However,with the rapid development of society,law and judicial interpretation about surrender cannot have satisfied in the practice situation.Controversy often occurs,and even a similar situation in the case of different referee results,seriously affecting the fairness of the cases.The Voluntarily surrender is one of the two elements of the Confession System,and the command of the correct understanding of the importance is self-evident.This paper will explain the relevant requirements of voluntarily surrender from the angle of theory,combining and analyzing the typical cases occurring in recent years from the perspective of judicial practice to explore the related issues of surrenders,voluntarily surrender is discussed.The full text is divided into three chapters,all are analyzed around voluntarily surrender.Its founding standards will be discussed from three elements: time,object and way of surrender.And the specific content is as follows:The first chapter is analyzing from the timeliness of the elements in voluntarily surrender.The paper is on the basis of criminal law of and the Supreme people's court's On the handling of voluntarily surrender and meritorious service interpretation(hereinafter referred to as the "interpretation")in 1998 to explain the voluntarily surrender of the time limit.The first section is to understand the time factor,namely "After crime,criminal facts or a criminal suspect is not discovered by judicial authorities,or it is discovered,but the criminal suspect is under interrogation,without compulsory measures",this article interprets the definition mainly from the "after crime"," discovered by judicial authorities " and "have not yet been questioned" and "compulsory measures" these four aspects.In addition,through different scholars point of view and the criminal procedure law to further define the related concepts.In the second section,this paper will further determine the element of timeliness through the typical cases in the judicial practice surrenders.Firstly,to define the concept of suspicious,this article's view can be roughly according to specific to master two kinds of situations: one is when the criminal suspect being questioned,he is not carrying any stolen goods or evidence;another is when the criminal suspect being questioned,carrying the stolen goods or evidence.Secondly,it will discuss the question of whether criminal facts constitute surrender if truthfully confessing in the detained during,concluding that detained is not criminal compulsory measures and does not has the effect of compulsory criminal suspects the personal freedom in criminal law,so it can't be identified as the surrendered.After again,regarding the crime at the scene to rescue the criminal suspects can constitute surrender problems are discussed,the paper combines the related cases surrendered that can only be regarded as two kinds of situations,and expounds the reasons.Finally,this paper also argues the judicial organs of the suspects after control,with permission from control,and according to the instruction to present himself and truthfully confesses to the crime,can be regarded as surrender,through the actual cases,come to the conclusion that it cannot be identified as surrender and expounds the reasons.The second chapter analyzes from objective factors of voluntarily surrenders.In the first section,object connotation of voluntarily surrendered is discussed,and the scope of the object which belongs to voluntarily surrendered is analyzed.This paper argues that disciplinary inspection,supervision and other case-handling organ surrenders,should also be regarded as the objects.In the second section discusses the judicial practice about surrendered and objective of the case.Firstly,considering the legislative purpose and other relevant factors of surrender system,foreign judicial organs can be the object;By the same token,the criminals surrenders' foreign bosses can also become object;By the end of the article,combining with typical cases and discussing the nature of surrendering to the victim.This paper argues that Chinese criminal law should recognize the properties of the first serving system and gives the related arguments.The third chapter is explaining the manner of voluntarily surrenders.In section one the concept of automaticity in voluntarily surrendered is defined,arguing that automaticity is the criminal's own will rather than under the dominant force of will.Article argues that the criminal suspect in voluntarily surrendered in the way can be divided into surrender oneself in person,surrender oneself through others,surrender oneself through sending and surrender oneself with the company of others.It will comb and explain on the basis of the corresponding way.First of all,analyzing representative waiting surrenders in the surrender oneself in person,identifying "waiting for" type voluntarily surrendered including subjective knowing others report and the elements of the objective at the scene waiting for;Secondly,on the merit of surrender and some specific problems of the opinion stipulated in the made it clear that if the criminal suspect can't be willing to surrender after the persuasion of the relatives and friends,then adopt bundling or other compulsory measures to the judicial organ,cannot be regarded as voluntarily surrender ",this paper argues that should be a concrete analysis rather than universally regarded as voluntarily surrendered.The second section discusses combining with hard cases in judicial practice.Firstly defining "have been ready to surrender themselves",in this paper,analyzing "ready to surrender" through two different trial results of similar cases.Constitute a "prepared to surrender" subjective to have the meaning of voluntarily surrender,objectively have to commit the act,and evidence related evidence.Secondly exploring the crime after the initiative to surrender the police,waiting for the arrest during the crime,the previous initiative to surrender their actions,can it be identified as voluntarily surrender? This article holds that the behavior of the suspect does not meet the voluntarily claims of voluntarily,and can not be identified as voluntarily surrender.