Complicated Case Study Of Voluntary Surrender

As a legal system, Voluntarily Surrender System has a long history in China, which is also a specified expression of criminal policy combined punishment with leniency in contemporary legal system, playing an important part in saving juditial resources, encouraging the offender to surrender and disintegrating the Joint criminal. It has always being attached great importance to improve and perfect this system in china. However, there are many difficulties in identifying voluntarily surrender, due to the limitations of legislation and legal lag, the. complexity of the judicial practice. This paper selects several outstanding issues resulting from identifying the surrender, using the method from the general to the special and considering the legislative intent of surrender, then discusses the difficult issues related, proposing some my own views.Chapter I:Identification of Surrender in Traffic Accident. There are two options for perpetrators in traffic accident. escape or no escape. After escaping, the perpetrator who automatically surrendered to the public security organ and truthfully confessed his crimes can be identified as surrender, there is no much controversy in this case. The focus of debate is that if the perpetrator can be identified as surrender when he doesn't escape. In the circumstance of no escape, there may be four possibilities which the author will analyze one by one to define the Surrender in Traffic Accident.ChapterⅡ:Voluntary surrender of special forms of identification. In this part, the author selects some important issues, including how to identify the case that the suspect truthfully confesses his crimes after being summoned a message or receiving a phone call from the judicial organizaitons. Through analyzing the "Free for the fisrt", "To accompany the first" and taking the legislative spirit of surrender into consideration, how to identify the case when his relatives and friends deceive and tie the suspect, take the narcotic way, lead the investigation organs to arrest the suspect.Chapter III:Surrendered during the escape and later released on bail and a true account of the identification. In this part, the author makes a distinction over the form of surrender before the bail, including passive surrender and voluntary surrender to the justice, then analyzing these two cases by combining the identified elements.ChapterⅣ:A true account of or with the judicial decision has been determined to master the offense found the same type of crimes. In this part, the author firstly analysises relevant laws and judicial interpretations, and then points out the main problems in judicial practice, exploring the legislative spirit of the surrender and debating issues of analysis and appraisal.