Study On The Condition For The Establishment Of Voluntary Surrender

China's criminal law has explicit provisions for the voluntary surrender system,which applies to the stage of sentencing.It plays a vital role in encouraging criminals to plead guilty,to leniency,to save judicial resources and to improve judicial efficiency.Therefore,the system has not only received much attention in theory since its inception but also has been widely used in practice.The current legal and judicial interpretations of the system of surrender in China include the Criminal Law of the People's Republic of China and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Stolen and the Specific Application Law of the People's Court in 1998.In 2010,the Supreme People's Court handled a bunch of self-sufficiency and meritorious services.Opinions on specific issues.This paper uses empirical research methods,value analysis methods and other legal research methods.In theory,it automatically develops the autonomy,time range,content requirements and time requirements of the automatic confession — research exploration.When the automatic referral is determined,the difference between the automatic and the initiative of the case is clarified.When identified the suspect's surrender behavior,has explicit the differences between automatic and Initiative.Automatic consider that the suspect's surrender behavior is to make the decision without any force.The initiative is more extensive than automatic.Automatic consider that the suspect's surrender behavior decide without any coercion;the initiative is more extensive,including decisions that are influenced by people.When considering the time requirements for automatic surrender,since the surrender system is located in the general part of the criminal law,it is considered that the“crime”in“ crime implemented” should be understood in a broad sense.It is including individual crime,unit crime,the completion form of the crime,the incomplete form,the intentional crime,the crime of negligence.When analyzing the "mandatory measures" in the "not taken mandatory measures" of the criminal suspect,based on considerations such as value,time and other dimensions,the mandatory measures are also included.Other measures by which the suspect has actual control.When analyzing the truthful confession,it explains the meaning of the "major crime facts" stipulated by the Supreme Law as not only the facts of the crime are explained,but also the facts of the judicial organs;the time nodes of the truthful confession,the two views of the academic circles.There are inadequacies.The author believes that the time node of the truthful confession should be limited to the end of the court debate.On the one hand,it encourages the criminal suspect to plead guilty and confess,and on the other hand,facilitates the investigation and trial of the judicial organs;the content of the confession mainly refers to the facts related to the conviction.However,when there are multiple sentencing ranges for some crimes,if the facts of the confession affect the choice of different sentencing ranges,the criminal facts should also be included.