Judicial Study On Self-surrender Recognition

At present,there are still many inconsistencies in the standard of automatic surrender in general self-surrender.Automatic surrender,whether formal or substantive,will lead to a deviation in the determination.In the judgment of truthful confession of one's own crimes,there is no consensus on the scope and degree of confession,which leads to obvious differences in judicial practice.In the process of determining the quasi-surrender,there are also differences in the understanding of what constitutes a judicial organ and what is not yet mastered.In the process of determining the special surrender,it is most difficult to judge and grasp its relationship with confession and Meritorious service,and how to handle the relationship between voluntary surrender and corruption,bribery,and bribery.The reasons for these difficulties include the fuzziness of legal language itself and the uncertainty itself,as well as the lack of detailed judicial interpretation,as well as judicial practice and judicial policy.Therefore,first of all,it is necessary to clarify the criteria for determining automatic surrender,such as the time,object,method and motive of automatic surrender,as well as the criteria for judging the two core elements of truthful confession and guilt.Finally,we should clarify the logic between the provisions of judicial interpretation,understand the spirit and the substance of the provisions,and grasp the relevant clues and materials accurately in practice.Correct application of the relevant provisions of surrender to guide judicial practice.