论自首制度及其正义根据

Confession and its Judicial Grounds for Justice

本文介绍了代表封建法律最高成就的唐律对自首的认定、分类、甄别和处罚,分析了我国现行刑法及有关司法解释对自首的规定,从追求社会的公正与平等,促进司法效率等问题入手,论述了自首制度符合社会正义。

In this paper the author is to introduce the affirmation, classification of confession and the punishments against confession in Tang Dynasty as one of the greatest legal achievements of the time, and to illuminate the stipulations on confession and the current penal code of our country. The paper ends up with a conclusion that from the viewpoint of social equality and judicial efficiency, the affirmation on confession makes social justice.