A Study On The Application Of The Voluntary Surrender System In Corruption And Bribery Cases

Restricted by factors such as the subject of the crime and the special procedures for investigating and handling cases,the application of the voluntary surrender system for corruption and bribery has always been controversial in academic and practical realm.Through analysis of the judgment documents,I have found that in cases of corruption and bribery,there were many cases of appeals and protests have been brought because courts apply voluntary surrender system impropriety.As for whether the defendant should apply voluntary surrender,the public prosecution organ and the defender both hold their own opinions and disagree.In addition,in the judgment of the court,there are often cases where the standard of determination is too low or the determination is not made across the board.The court not only has different standards in determining whether a defendant in a corruption or bribery crime has voluntarily surrendered himself,but also has a large gap in the sentencing range for defendants of corruption and bribery cases who have confessed,and even shows that there is no obvious difference in punishment between defendants who have been recognized as surrender and non-surrender.There are many reasons for the above problems.Corruption and bribery crime cases and ordinary crime cases have many differences,such as mode of handling,difference in legal system,etc.,which are the main reasons for the above problems.Cases of corruption and bribery crime cases are often more complicated.Even if judicial interpretations stipulate a number of special cases to deal with practical problems,they cannot solve all the problems of surrender in corruption crime cases.In addition,the difference between the investigative mode and the process of handling cases caused the problem of "discipline overrides the law" and the poor connection of the discipline law in the investigation of corruption and bribery cases.The evidence and opinions collected by the disciplinary inspection and supervision organs still have obstacles in transforming.The large number of relevant laws,regulations and judicial interpretations,and the uncoordinated regulation system have also brought difficulties to the application of voluntary surrender system.To correctly apply the surrender system in corruption and bribery crime cases,first of all,it should issue corresponding guiding cases in order to guide the courts to reasonably choose the applicable rules as to avoid rule conflicts leading to different judgments in the same case;The docking emphasizes the central role of trial in criminal proceedings,and promotes the coordination and cooperation of various organs in handling cases;again,perfect case handling organs should be formulated,and all staff of the case handling organs should be subject to corruption and bribery cases.Constraints of standard case handling norms to avoid affecting the judgment of surrender because of taking arbitrary measures and collecting evidence too casually;Finally,the judges should objectively determine the law during the trial process,closely follow the substantive requirements of surrender,and do it while strictly surrendering To achieve balanced sentencing,truly achieve fairness of individual cases and promote substantive equality.