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Surrendered in Chinese Criminal Code Identification

Author: QinHuiMin
Tutor: WuXueSong
School: China University of Political Science
Course: Criminal Law
Keywords: Surrender General surrender Quasi- surrender Special surrender Frank
CLC: D924.1
Type: Master's thesis
Year: 2005
Downloads: 365
Quote: 1
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Abstract


Surrender system is widespread concern criminal law scholars penalty discretionary system. It's set up for the substantive criminal law and procedural law implementations of great significance. How to identify the surrender, surrender system is able to carry out the most important issue, but also criminal law theory and practice of research and study focus. However, due to the complexity and diversity of practice on the identification of surrender there are still many difficult. In this regard, this paper will follow from the general to the particular context of the master, surrendered from several levels to resolve the establishment of requirements, and the surrender of the exceptional circumstances identified issues analysis and demonstration. The first part, mainly around the general requirements established surrendered start discussion. In this section, the authors proposed establishment of requirements for the surrender of understanding, and advocates identified surrendered, it should insist on essentially three elements that need to meet the Surrender \Review and accept the country's referees' three elements. However, in order to be consistent with the statute, to avoid confusion in understanding and operational, the author affirms \The first two elements are listed, and the third element hidden in them, giving the first two elements of a more comprehensive and broader meaning. And, on \The second part discusses the quasi surrendered surrendered and special problems. Revised Penal Code when they are newly added content. For accurate identification of surrender, the authors believe that it should grasp the subject and confessed crimes established the special requirements. Its subject is the \In analyzing these two quasi surrendered surrendered to the special requirements different from, the author of some controversial issues also put forward their own ideas. Specified for the particular sub-surrender, the author articulates its characteristics, it pointed out the general provisions of the general distinction between surrender and quasi surrendered, emphasizing the application of the special surrender shall be strictly in accordance with statute, surrendered with other competing forms occur, especially when surrendered shall prevail. The third part, the author finds the more special for the surrender of the unit crime surrender, surrender of common crime, a person surrendered committed several crimes, criminal negligence of the surrender, surrender, and so even the recidivism problem and made the necessary instructions. For these more special circumstances, the establishment of hand closely surrender requirements, on the one hand combined unit crime, common crime, identified several crimes, criminal negligence, and even repeat offenders and other related knowledge, which can be set up for the surrender, surrender be established how the analysis and demonstration. And, in order to accurately identify surrendered, the authors also pointed out that the surrender and confess contact and difference. The last part, the author of the legislation of our country on the surrender, put forward their views.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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