论"形迹可疑型自首"的司法认定

形迹可疑型自首是对传统自首的发展,对于便利诉讼和提高诉讼效益具有很大的作用。但对形迹可疑型自首的理解运用在学界仍存在分歧。只有结合侦查实践并运用刑事法学的相关知识才能对"形迹可疑"、"盘问"等词语做出全面理解,才能在司法实践中对各类自首做出全面准确的认定。

Judicial Determination of Voluntary Self-Surrender After Interrogation for Suspicious Activities

Voluntary self-surrender after interrogation for suspicious activities is the development of surrender in the traditional sense and it adds greatly to the convenience of litigation and to the increase of litigation efficiency. However, there are different understandings of this new kind of surrender in academic and legal circles about its application. The author holds that we can have comprehensive awareness and understanding of terms like "suspicious activities", "interrogation" and the whole article if we apply knowledge of criminal law to investigative practice, so that we can make a comprehensive and correct determination of different kinds of surrenders in our judicial practice.