Study On Voluntary Surrender System Of Unit Crime

One of the bases of the discussion on the voluntary surrender system of unit crime is unit crime.Since the promulgation of the current Criminal Law and after several revisions,the question whether the unit can establish a crime has been answered positively,and the academic discussion on unit crime has gradually shifted to the specific system of unit crime.Voluntary surrender of unit crime is one of the important issues,the article intends to explore the establishment of the voluntary surrender system of unit crime from four aspects.The first part is to discuss whether the proposition is established in theory and practice,and whether there is a corresponding research value.First of all,the thesis is affirmed from the discussion of whether or not the proposition is established,and it is positioned as a part of the voluntary surrender system to improve the theory of unit crime.Secondly,in terms of research value,the establishment of the voluntary surrender system of unit crime helps to fill the theoretical blank in the intersection of unit crime and voluntary surrender system,and helps to solve the practical problem of the increase of unit crime.Finally,the system also has its own unique value,such as saving judicial resources.The second part starts from the existing elements of the voluntary surrender system to serve the natural person,and at the same time refers to the existing judicial interpretation of the voluntary surrender of unit crime,defines the concept of voluntary surrender of unit crime in the comparison,and makes clear the elements of voluntary surrender of unit crime.The elements of voluntary surrender in unit crime are mainly developed from four aspects:the subject element,the subjective element,the automatic surrender,the truthful confession.The subject element is the preposition,and the premise of the establishment of voluntary surrender is the establishment of unit crime.It is believed that the subject of voluntary surrender of unit crime is equal to the subject of unit crime,including state organs.The last three elements determine the three steps of voluntary surrender:Firstly,the formation of voluntary surrender will.The content of this part mainly refers to the formation mode of the will of unit crime,and at the same time interprets the internal structure and external effect of the will of surrender.The second is to automatically surrender.The function of this part of the complainant is limited to convey the will of surrender,without the need to complete the "true confession".At the same time,the author also discusses some other items such as the way to surrender.The third is to make a truthful confession.It is divided into three aspects:subject factor,time factor and content factor.Finally,based on the analysis above,we define the concept as:after the establishment of unit crime,the leadership decides to surrender in line with the unit’s charter as well as regulations,people with duty complete the behavior of automatic surrender and truthful confession.Next part is how to harmonize with the criminal law system after defining the concept and elements of voluntary surrender of unit crime.The main issues involved are:the problem of unit crime surrender under the vision of accomplice and several crimes,the problem of the voluntary surrender of the organization within the unit,the problem of unusual surrender.The emergence of these problems is a logical extension after the emergence of the unit crime surrender problem,which needs to be properly solved.The fourth part is the legal effect of voluntary surrender of unit crime,from the perspective of punishment of unit crime,which is divided into two sections.One is the current punishment system of unit crime,which affirms the necessity of the establishment of surrender system of unit crime under the single punishment system again.Second from four angles to discuss the legal effect of unit crime surrender.