Research On Voluntary Surrender Of Duty Crime

Compared with voluntary surrender of ordinary cases,voluntary surrender of crime by taking part in many institutions is more special,so voluntary surrender of crime by taking part in both common and special aspects.In 2009,the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the opinions on several issues concerning the determination of circumstances of sentencing in cases of duty crimes,such as voluntary surrender and Rendering Meritorious Service(hereinafter referred to as the opinions on voluntary surrender and rendering meritorious service in cases of duty crimes in 2009),in 2009,the "opinions on voluntary surrender for meritorious service in cases of post-related crimes" included the issue of voluntary surrender determination in the handling of post-related crimes by discipline inspection and supervision organs.However,in view of the actual cases handled,the complexity of the case is not fully foreseen by simple legal provisions,and there are often some special circumstances that can not be matched one to one,different judges may have different understandings and understandings of the same case and legal provisions due to their different experiences and legal literacy,which may result in different findings in some similar cases.This article will take the practical application of voluntary surrender of duty crime as the Research Foundation,take the legal science theory of voluntary surrender system as the vein,unifies the typical case,summarizes the common divergence in the practice,and analyzes the reason which it produces,this paper tries to put forward how to further define the legal cognition of the voluntary surrender of duty crime,and standardize the feasible path of the voluntary surrender and judicial practice.This thesis is composed of three parts: Introduction,text and conclusion.The main part includes the following contents:The first chapter,summarizes the research situation of duty crime in China in theory.Generally,the establishment requirements of voluntary surrender only require voluntary surrender and truthful confession,and whether the offender has the intention of repenting and rehabilitating is not asked.Laws and regulations represented by Criminal Law,Supervision Law and Implementation Regulations of Supervision Law(Draft)are the direct guidelines for determining voluntary surrender of duty crimes.Criminal policies in a certain historical period directly or indirectly affect criminal legislation,and the determination and penalty effect of voluntary surrender of duty crimes are affected by criminal policies.Therefore,this paper takes this as an anchor to determine the research direction.The second chapter,combined with theory and practice,analyzes and explains the difficult problems in the general surrender of duty crimes in China.In order to carry out the research on automatic surrender,this paper combs the research status of automatic surrender from three levels: legal norms,judicial precedents and periodical papers.By comparing and analyzing the relationship between "Supervision Law" and "Criminal Law",it is concluded that the terms of the two laws are not connected.By analyzing the causes of the difficulties in handling cases in practice,this paper examines the defects and deficiencies of the voluntary surrender system for duty crimes,such as the vague identification standard of "voluntary surrender",the unclear connotation of "facts targeted by clues",the mechanical understanding of "telephone summons",and the strict application of "investigation and conversation".In the third chapter,the author puts forward the measures of judicial perfection of the system of voluntary surrender of duty crime.At present,the focus of academic attention on the convergence of the two laws is mainly on the convergence of the criminal procedure and the supervisory law,while the convergence of the criminal law and the supervisory law has not been discussed,the innovation of this article is to discuss the connection of the two laws from the dimension of the Criminal Law and the supervision law and to put forward a series of measures to improve the judicature.Straighten out the rule of “Voluntary surrender” and put forward the suggestion of adjusting the judicial interpretation in time.As for the identification of Truthful Confession,this paper lists three types of confession: Repeated Confession,Defensive Confession and Light Confession,in order to discuss how to grasp the “Main criminal facts”.It is suggested that we should fully understand the essence of the system of “Special surrender”and grasp the standard of“Special surrender”.By analyzing the penalty standards of leniency,mitigation and exemption of voluntary surrender in handling cases in practice,and sorting out the particularity of duty crime cases,this paper puts forward that we should still adhere to the principle of “Everyone is equal before the law”,the system of voluntary surrender of crime by taking advantage of duty and criminal law should be unified.