An Empirical Study Of Waiting Type Surrender

As an important form of waiting type surrender,waiting type surrender plays an important role in judicial practice.In our judicial practice,due to the lack of specific and complete reference of legal norms,the qualitative standard of waiting type surrender is not unified.The first part of this paper combines the data of 100 judicial decisions for empirical analysis,including the selection and collection of cases,as well as the analysis of trial level and judgment.In the second part,the author studies the subjective understanding of knowing others to report a crime,which is divided into two parts:the actor's cognitive factor and the will factor.In the actor's cognitive factor,he focuses on the analysis of different theories of knowing"and the author's own understanding,the understanding of others in the law,as well as the content and consequences of reporting a crime,In the part of will factors,the author studies from two aspects:the person with full criminal responsibility ability and the person with limited criminal responsibility ability;In the third part,the author focuses on the objective behavior elements of the actor in the waiting type surrender,mainly discusses the meaning of waiting on the spot in the article of law.The author divides it into three parts:timeliness,occasion and behavior characteristics,it also includes the understanding of confessing the facts of crime;Finally,in the fourth part,the author puts forward the standard conclusion about the qualitative problem of waiting type surrender,in order to standardize the difference in the determination of waiting type surrender.