An Empirical Study On The Determination Of Surrender

Surrender system is an important system of penalty discretion.The first and second paragraphs of Article 67 of the criminal law of our country have comparatively principled provisions on surrender.However,in the practice of the determination of voluntary surrender by the procuratorial organ,new situations and new types of crimes emerge in endlessly,which leads to the difficulty of properly grasping the determination of voluntary surrender only by the principle provisions of the criminal law.Especially for the same circumstances of surrender,procuratorial organs,defense lawyers and courts often give different opinions for different functions and missions.The establishment of the conditions for the recognition of voluntary surrender is conducive to the improvement of the criminal policy of Combining Leniency with strictness,and to the solution of the complicated and difficult dilemma in judicial practice.At the same time,it will help criminals to change their ways and abandon the evil to the good.Based on the legal practice of the people's Procuratorate of Changzhi City,this paper,starting from the concept of the surrender system,tries to restore the different opinions of the prosecution,the judicial organ and the defense lawyer on the surrender system through the form of the judgment documents,and then analyzes the influencing factors of the surrender system,and on this basis,questions existing in the surrender system of the procuratorial organ This paper discusses the actual situation,and puts forward specific legal suggestions to improve the recognition of surrender.The thesis is divided into four parts to discuss the situation of confession in judicial practice.The first part is the normative analysis of surrender system,including the concept,classification,relevant legal provisions,value and significance.The second part,based on Changzhi people's Procuratorate,takes the public prosecution cases in the first instance initiated by the court included in China's judicial document network as samples,analyzes therecognition of surrender in the cases accepted by the court in 2017-2019,and analyzes the different opinions on the circumstances of surrender between the procuratorial organ and the judicial organ,the procuratorial organ and the defense lawyer in the court trial.Then it expounds the two factors that affect the establishment of confession,which are "automatic surrender" and "truthful confession of one's own crime".In the third part,based on the analysis of the specific cases of the judicial document network,the author analyzes the problems existing in the determination of voluntary surrender in the first instance of China's procuratorial organs.Through data collection and case analysis,the author concludes that there are deficiencies in the determination of voluntary surrender in the investigation process of public security organs,and the lack of legal norms leads to the conflict of the determination of voluntary surrender,and the independent value of "automatic surrender" is not accepted We should pay attention to and lack of provisions for voluntary surrender of units.In the fourth part,aiming at the above problems,some suggestions are put forward,such as strengthening the investigation and determination of the circumstances of voluntary surrender by the public security organs,improving the judicial interpretation of voluntary surrender,strengthening the issuance and guidance of typical cases,establishing the independent value of "automatic surrender",and improving the legislation of voluntary surrender by units.