On The Recognition Of Confession In The Crime Of Taking Bribes

In recent years, with the rapid development of our country's economy, the duty crime case shows the increasing trend, and it is more and more important for the identification of the crime of taking advantage of duty crime. About duty crime case, although many years have issued a series of judicial interpretation,but in the judicial practice, the determination of the surrender of the problem still exists, the influence of the law enforcement of the serious and unified. To unify to surrender judicial understanding, must correctly understand the determination of voluntary surrender in the voluntary surrender, we must accurately grasp the surrender of the characteristic, must correct understanding of "quasi voluntary surrender", the crime of surrender, special provisions.According to the related theories, this paper through to surrender to system analysis, try from the ordinary crime of surrender and comparison of the surrender of the duty crime, voluntary surrender and confession of contrast,surrendered to the essence and spirit of the legislation aspects of in-depth analysis, draw the conclusion.This paper is divided into three parts, the first part is the introduction and controversial focus of the case. This part of the Li jia after received a phone call the authorities handling the case to place procuratorate investigators active truthfully confessed his bribery facts of the case are introduced briefly, and introduces the Li jia behavior can be identified for the surrender of the different views, namely the first opinion think Li jia behavior is consistent with the nature of surrender, it shall be deemed to be surrendered; the second view think Li jia is after received a phone call was active account handling organ has mastered some clues to the facts of the crime, should not be identified as surrender.The second part is the case analysis. This part combined with the case, the legal issues involved in the case are described in detail. Analysis of cases, the first part is the Li jia active about investigators to somewhere waiting to meet is a voluntary surrender is analyzed; and analysis of the case of the second part isto voluntarily surrender, but before filing a active account investigation organs have mastered the crime clues is a surrender of the discussion. This part also carries on the concrete analysis and demonstration to the criminal law and the related judicial interpretation.The third part is the thoughts and suggestions of the case. This part is based on the two focus on the concrete analysis to identify problems of bribery in the case of surrender are analyzed. This part of the judicial practice for the surrender of the system is discussed, and puts forward some thoughts and suggestions for their judicial practice to provide some reference.