The Cognizance Of The Removal Of Protection After The Surrender

The recognition of the relevant surrender this paper mainly studies the removal of protection, in order to issue more detailed research, the thesis is divided into the "delinking insurance after the surrender" and "delinking insurance after the confession of remaining crime of voluntary surrender" two to carry on the elaboration separately. For the above two situations, in our legislation and relevant judicial interpretation did not give the exact provisions, seems to have become the difficult problems in the cognizance of surrender. This needs us from the existing Interpretation to explore the surrender provisions intended, and the voluntary surrender of the legislative purpose, to explain the difficult judicial cases. In the judicial practice, our country has been facing the problem of extended custody, so modifying of coercive measures to make important changes in the new criminal procedure law, which is bound to bring bail enforcement measures in the judicial practice is the use of a large number of, and escape in the release on bail after being arrested, the initiative to confess voluntary surrender, the law does not make specific provisions, but in the judicial practice is the existence of a large number of voluntary surrender, in determining whether is also controversial, it is worth us to study, so as to better guide the judicial practice.In research methods, mainly by the circumstances of the case are the same, but different regions of the court has given a different verdict, to lead us to study the problem. Determination of the removal of protection after the surrender is mainly by means of provisions in the general surrender identified, so to say, on the different opinions and disagreements reason to carry on the elaboration, on what is the general surrender made a systematic exposition on the theoretical concept. The general theory of understanding, to use the most general theory to explain some complex cases, judicial final settlement problems of this kindConclusion at the end of the study, both the removal of protection after surrendering or on remaining crime confession, I tend to surrender, and to our country in surrender gives some suggestions to improve the.