Study On The Difference Between Surrender And Meritorious Service

The system of voluntary surrender and meritorious service is the embodiment of the criminal policy of tempering justice with mercy in our legislation.As an important penalty system in our criminal law,it has been widely applied in judicial practice and has played a good social effect.However,due to the overlapping relationship between surrender and meritorious service in the system setting,there are different opinions and disputes in the theoretical circles.Therefore,it is difficult to distinguish surrender from meritorious service in some cases in judicial practice,which causes disputes or deviations,seriously affects the authority and application effect of criminal law,and leads to judicial injustice.Therefore,the author believes that only by deeply exploring the essential characteristics and establishment conditions of voluntary surrender and meritorious service,can we further distinguish them accurately and apply them to specific cases to play their due value.The main body of this paper is discussed from three parts.Part Ⅰ Combing the criteria for distinguishing voluntary surrender from meritorious service.Based on the analysis of the essence and the establishment conditions of voluntary surrender and meritorious service,this paper concludes that:(1)In the individual crime case,besides the general distinguishing standard,such as the content,the requirement of the detailed degree and the constituent elements of the confession,the essence of voluntary surrender and meritorious service is also the key to distinguish.That is,the essence of voluntary surrender is the self-confession and repentance of the offender after committing a crime,which is placed under the control of the state on its own initiative based on its own will,confessing the facts of the crime truthfully and accepting it.Judicial trial and punishment of criminal law.The essential characteristic of meritorious service lies in the exposition of crimes and the help to judicial organs,which helps to combat crimes,maintain stability,reduce judicial costs and achieve social stability.Therefore,when judging voluntary surrender or meritorious service in a single crime,we can proceed from the essential characteristics and combine their respective conditions of establishment,and then make a correct determination.(2)In complex joint crime,whether the content of the confession of the offender is his crime or other crimes besides his crime,and whether the act of truthful confession contains the negation of self-action is the key to distinguish surrender from meritorious service.Part Ⅱ Questions and Solutions in the Differentiation between Self-surrender and Achievement.Because of the overlapping relationship between voluntary surrender and meritorious service in the establishment of legal provisions and the complexity of the case itself,there are inconsistent views and views between the theoretical and practical circles.Therefore,In judicial practice,the doubtful points of the distinction between voluntary surrender and meritorious service mainly appear in the cases of joint crime and other-related crimes.Specifically,there are difficulties in distinguishing voluntary surrender from meritorious service in the cases involving excessive conduct of joint crime,accomplices,recidivists and top criminals.In order to solve the doubtful problems in these cases in judicial practice,it is necessary to adhere to the principle of being in favor of the defendant,the principle of prohibiting repeated evaluation and the principle of comprehensive evaluation when distinguishing the two.The third part is the specific solutions to the doubtful problems.in this part,aiming at the doubtful problems of voluntary surrender and meritorious service in joint crime cases and other-related crime cases,combining with the distinguishing criteria and general principles,the author puts forward specific identification methods to solve the doubtful problems.(1)The distinction between voluntary surrender and meritorious service in the practice of excessive behavior.If the confession is that the accomplice totally exceeds the limit of the joint offence,the meritorious service will be recognized;if the excessive behavior of the confession is an extension of the basis of the joint offence,and its excessive behavior meets the constitutional requirements of the criminal law for the crime,the meritorious service will be recognized.(2)The distinction between voluntary surrender and meritorious service in reciprocal offense.From the definition,characteristics and existing theory of reciprocal offense,it is concluded that reciprocal offense belongs to the necessary joint crime,and the content of the corresponding actor involved in the confession belongs to the category of truthful confession of his crime,and can only be identified as surrender rather than meritorious service.(3)The distinction between voluntary surrender and meritorious service in recidivists.The charges and the crime involved by the consecutive recidivist appear as independent charges in law.Although the consecutive recidivist has certain dependence on the crime,in essence,the consecutive recidivist does not belong to the joint crime.When the content of his confession involves the criminal acts of the previous offenders,it belongs to the criminal acts of exposing others in meritorious service,and should be recognized as meritorious service.(4)The distinction between voluntary surrender and meritorious service for the top crime.The act of helping the victim confessed by the offender can only be regarded as part of his true confession,and should be regarded as surrender rather than meritorious service.Contributions of this paper:Firstly,based on the essential characteristics and establishment conditions of voluntary surrender and meritorious service,the distinction criteria between voluntary surrender and meritorious service are basically clarified.Secondly,combined with some controversial cases involved in the process of handling cases,the distinction criteria are applied to specific cases to solve some representative problems in practice.The shortcomings of this paper are as follows:First,there is a lack of novelty in topic selection.Second,the writing of this article is based on the induction and abstraction of a large number of cases,and due to the limitations of my theoretical level of criminal law,the theoretical depth needs to be improved.