The Research Of Several Issues Of The Adopting Of Self-accusation

self-accusation system is one important system in our Penal system in our country. But how to adopt the self- accusation is always very difficult for most of the studying persons. The adoption of the self-accusation in some special conditions has been discussed about for long time by many law specialists in the criminal law field in our country. The research of several issues of the adoption of self-accusation what we want to discuss about in this article is just to discuss about several special issues of the adoption of self-accusation. The content of this article is just to discuss about these several issues.The first issue of the adopting of self- accusation is the issue of self-accusation of the joint offence and the issue of self-accusation of the plural crimes committed by one person. These two issues have been expounded in the second chapter. The key to exactly adopt the self-accusation is to rightly confirm the range of the "rage of the crimes" confessed by the joint offenders. As to this, there are three different opinions and the writer has cited them into the article. The writer think the third opinion is more reasonable and I have expounded on it in the article. As to the individual of the joint offenders, if his actions should be regarded as voluntary surrender, when he is confessing his own crime, only when the crime which is directly committed by the criminal himself has been confessed and the crimes which have been committed by other intimately relative criminals have been confessed by him too, and so the actions of the criminal can be regarded as the true confession. Writer also has set forth the detailed rage of the confessed crime by the standard of the crime committing work sorts. As to the plural crimes committed by one person, the emphasis discussed about is the kinds and the amounts of the crime committed and confessed by the person who has committed several kinds of crimes, and another emphasis is how to regard his action as voluntary surrender after his confession. Three different opinions has been issued out in the article, the emphasis discussed about is the third. The third is when one person has committed several kinds of crimes, then he give him up to the judiciary organization out of self motion and he has only confessed some of his crimes and still some haven't been confessed resulting in having been accused or these crimes have been made out when the criminal is in the prison. In this situation, the focus which will be discussed about is whether the crimes which have been made out by the judiciary organization can be also regarded as voluntary surrender. Writer has issued out several different opinions to this focus and in the end I have analyzed these opinions and I have made out the conclusions.The second issue about adopting of self-accusation in special conditions is adopting self-accusation of the unit crime. The first topic we will discussed about in the unit crime is whether some of the actions of the criminal of the unit crime can be regarded voluntary surrender. Writer's answer is yes. As to this question, I have expounded in several points. As to the detailed adopting self-accusation of the unit crime, I have expounded in three points in the article.The third issue about adopting of self-accusation is the issue of self-accusation of double ruling period. As to this issue, author' idea is, if the person in the double ruling period, he has confessed his crimes, and then his action should be regarded as that that he has given him up to the judiciary organization out of self motion. If he will have confessed his crime in the court and then his action will be regarded as voluntary surrender. But when we regard the criminals' action we should rely on the confessed crimes by the criminal to the administrative organization.The forth issue of adopting self-accusation on special conditions is the issue of adopting self-accusation of the crimes committed not on purpose. As to this issue the author firstly has issued out several different opinions on it and then the author will give out my own idea and will give the denial to some of the opinions. The emphasis of the issue is on the discussion of adopting self-accusation of the traffic accident crimes. Writer think the way to how to regard this kind of criminal's action as voluntary surrender should be connected with the subjective intention, the objective action of the criminal and the corresponding law. In the article writer has issued out several conditions in which how to regard the criminal's action as voluntary surrender.