Research On The Difficult Problem Of Self Surrender In Criminal Trial

The cognizance of confession in criminal trial is both traditional and novel,which is both difficult and interesting.Tradition is because voluntary surrender is an old problem in sentencing system.Voluntary surrender is also a regular policy in criminal justice.However,the traditional criminal theory of surrender has not been solved with the evolution of time,the progress of legislative technology,the promotion of judicial skills and the evolution of the criminal law theory.On the contrary,with the development of social life,the concept of handling cases,the change of ideas and the improvement of the level of science and technology,new situations and new problems have emerged in understanding the conditions of voluntary surrender and confession.The dispute cases in judicial practice continue to test the adjudicatory wisdom of the adjudicatory,and continue to impact the social public's simple view of justice.From different angles,it is sometimes the same conclusion,but sometimes it is completely opposite.Therefore,it is necessary to make a relative systematic review of the relevant laws and judicial interpretations of this system,and to study the real cases in the judicial practice,trying to solve the difficult problem of self surrender,so as to let the people feel fair and justice in every judicial case.The first part of the article outlines the concept of the self surrender of the criminal trial,clarifies the connotation of voluntary surrender,rationally defines the extension of the similar concepts of voluntary surrender and confession,surrender and meritorious service,and distinguishes the two cases of voluntary surrender according to the provisions of the criminal law,which are the general self surrender and the special surrender.At the same time,it also discusses the essential elements of the surrender,namely,the acceptance of the review and the referee,and the important role of the surrender in sentencing,convictions,and in the discipline of disciplinary measures.In the second part of the article,on the basis of the classification of voluntary surrender in the first part,it further analyzes the conditions for the identification of the general surrender and special surrender.At the same time,it analyzes the key points of the two different situations,expounds the elements of automatic surrender and truthfully confession in the constitutive requirementsof the surrender,and studies the timing of the surrender.The object of the case,the way of putting the case and the will of the case,points out how to master the time node of the truthful confession and how to distinguish the scope of the main content as well as the motive of the voluntary surrender,so as to consolidate the theoretical foundation for the further study of the difficult problems in the criminal trial.The third part of the article,through the study of more than ten typical cases of typical difficult cases in judicial practice,focuses on the difficult identification of voluntary surrender in the two rules,such as voluntary surrender,"ready to go to case","on the case on the way","telephone summons","suspicious type" and so on.It also discusses how to judge whether a crime is confessed by a criminal or not.This part of the discussion,both theoretical introduction and interpretation,more is through the judicial practice of the real case to do the anatomy,from the different angles of the accusation and debate,to take a similar point of view contending,confrontation,all aspects of the view,at the same time points out a variety of disputed points of view.Put forward the researcher's own analytical thinking,logic and judgement,and finally provide reference for the trial practitioners to solve the problem of identification.In the fourth part of the article,in the third part,on the basis of the difficulty of identifying the problem of self surrender,the research ideas and handling skills of the dispute case,the reasons for the difficult problems of the self surrender of the criminal trial are explored,and the professional division of labor is found out from the different groups of lawyers,public security,prosecutors,judges and other groups.With the subjective reasons for the angle of influencing self surrender,and further from the four aspects of the diversity of the investigation department,the policy of interrogation,the blanks of"convergence of the law and law" and the complexity of the application of the law,the objective reasons for the judgment of the problem of self surrender in the law enforcement and judicial environment are discussed.At the same time,it focuses on the difficult reasons for the determination of the voluntary surrender of the duty crime,and points out that the problem of self surrender in China is objective in the two yuan pattern of voluntary surrender of duty crime cases and the voluntary surrender of common criminal cases."In the light of the actual work of combating corruption and advocating honesty,we can reasonably identify the surrender of duty crime cases.In the fifth part of the article,we put forward the countermeasures and suggestions on the difficult problems of self surrender in the fourth part,that is,on the basis of adhering to the principle of evidence refereeing,and on the basis of adhering to the principle of evidence refereeing,we should pay attention to the examination of the objective behavior of the criminal suspect to have a case in space,respectively.From the time node of its confession,we should pay attention to examining whether its confession has saved the judicial resources and so on.At the same time,it is emphasized that we should look at the two yuan model of our country's confession objectively and clearly clarify the boundary of law and policy.At the same time,we should adhere to the correct direction of the current supervision system reform,connect with the law and law,eliminate the institutional obstacles and reduce the supplement and supplement for the problem of self surrender in the case of duty crime.Middle link.In addition,the article also emphasizes the importance of perfecting relevant laws and regulations and strengthening the work of guiding the creation of cases,further perfecting the laws and regulations and judicial interpretations of the system of self surrender,and collating and refining the authoritative guidance cases to guide the trial practice.The last part of the article looks forward to the new problems and new situations that will be faced in the new era of voluntary surrender.With the introduction of laws and regulations,such as supervision law,in a certain procedure will help to solve the problem of thin material and weak audit.But the establishment of the supervisory committee and the introduction of the supervision law are the first two steps to go all the way to the deep water area.Is the so-called road not far,completely solve the problem of the identification of surrender is still a long way to go.