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Research On The Surrender System Of My Country's Criminal Law

Posted on:2021-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:W Y BaoFull Text:PDF
GTID:2436330623980788Subject:Law
Abstract/Summary:PDF Full Text Request
Self-surrender is an important system stipulated in the Criminal Law,which is of great significance for promoting criminals to reform themselves,prevent new crimes,and promote social positive energy.However,for a long time,there have been certain disputes on the nature of surrender,the conditions of establishment,and criminal responsibility in the theoretical and judicial circles.At the same time,with the emergence of new social conditions and new problems,the surrender system is also facing new opportunities and new challenges.Therefore,it is necessary to further discuss the surrender system of China's criminal law.This article discusses China's surrender system in four parts:It gives an overview of the surrender system,and introduces the surrender system in China from the definition,characteristics,nature and value of surrender.Analyze the nature and constituent elements of surrender.Starting with whether the nature of surrendering is sincerely remorseful,it is proposed that when accepting surrender.Point out the main problems in my country's surrender system.First of all,the standards for independent identification are unclear.Secondly,there is chaos in the punishment of confession.The degree of importance has increased,but the balance between the three elements still needs to be grasped;Finally,the regulations on surrender of unit crimes are not clear.Put forward suggestions to improve China's surrender system.First of all,further clarify the criteria for surrender,add the element of "accepting national judgement".Secondly,Taking the surrender system in the Tang Dynasty as an example,it analyzes its regulations on the time of surrender,method of surrender,degree of surrender.The design of the criminal responsibility system for surrender.Third,the provision for surrendering of unit crimes.
Keywords/Search Tags:Surrender system, Surrender criteria, Duty crime surrenders, Surrender criminal responsibility system
PDF Full Text Request
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