On The Determination Of The Surrender Of Taking Bribes

According to China’s "criminal law" the sixty-seventh regulation, surrender is divided into general surrender and quasi surrender. The established of general surrender need two conditions, one is the voluntary surrender, the other is truthfully confession his crime. And quasi surrender need the take compulsory measures of the criminal suspect, the defendant and the criminal serving sentences, truthfully confession judicial authority has not yet master their other crimes. But what is the voluntary surrender? What is truthfully confession? What is other crimes? The correlation laws and regulations and judicial interpretations are not explicitly define. Especially in the judicial application, the embarrassing situation that there is not law-based or have a law but not depend on the history often appear, this also gives specific case to set up a lot of obstacles. Bribery crime is one of the most common duty crime, the investigation authorities in charge and the attribute of the crime has its own characteristics, which also determines the crime in "the automatic surrendered"、"truthfully confession and "other crimes" etc, has its own particularity. This text is accord to explain the problem of the surrender of taking bribes in the judicial practice, combined with the relevant laws and regulations and judicial interpretation, to discuss the identification of taking bribes crime’s general surrender and quasi surrender respectively, so as to further perfect the determination of the surrender of taking bribes in judicial practice. In addition, the authors will also discuss some related problem of taking bribes surrendered such as frankly, explanation and other problems, and hope to play a valuable role.