自首制度比较研究

本文对中外刑法的自首制度的几个问题,诸如立法模式、自首概念、自首成立要件与处罚等进行了详细比较研究。

Comparative Study on the System of Surrendering Oneself

The thesis has in detail compared several problems of the systems of surrendering oneself, such as legislative model, concept, constituted requisites and penalty, between Chinese criminal law and foreign criminal laws. The thesis argues that: the legislative model combining general part with special part is the most perfect legislative model. The concept of surrendering oneself should be defined as the behavior that one surrenders oneself and, is willing to take oneself under the control of the government or governor who want to find out criminal facts or have judicial procedure after one has conducted crime, and tells the criminal facts to the government or the governor. The constituted requisites of the special system of surrendering oneself in Chinese and foreign criminal law include two: One is that the offender must have conduct the special crime in special part of criminal law, the other is that the offender must have surrendered himself according to the special conditions of special part of criminal law. The penal principles combining being lenient in treatment relatively with being lenient in treatment absolutely in Chinese current criminal law are more reasonable than the single principle being lenient in treatment relatively or being lenient in treatment absolutely in Chinese criminal law of 1979 and foreign criminal law.