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Surrendered to identify difficult problems

Author: GongJian
Tutor: YuYiSheng
School: Heilongjiang University
Course: Criminal Law
Keywords: voluntary surrender system remaining crime undiscovered unit crime repentance crime
CLC: D924.1
Type: Master's thesis
Year: 2009
Downloads: 161
Quote: 0
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Abstract


Voluntary surrender refers to the behavior that after committing crimes criminal suspects, defendants or criminals serving the sentence who are forced by coercive measures make a factual statement of their crime before judiciary have got hold of all their crimes. On the one hand surrendered system can encourage and guide the people take the crime to justice initiatively, make repentance and rehabilitation and try for lenient treatment; On the other hand it can lower the judicial cost, improve judicial efficiency and realize the purpose of penalty. But it is an unresolved question in judicial practice and generates a lot of controversy on how to accurately understand and grasp the essence of surrender system. Therefore, in this essay we discuss and consider a number of difficult problems which exist in surrendered system of criminal law system by taking the Chinese criminal law system as the theoretical background, reviewing the development of ancient Chinese voluntary surrendered system and sorting out and defining the concept and denotation of the voluntary surrender system in the criminal law system which is newly devised in 1997 in hope of making a benefit to this system.

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