论职务犯罪中的特别自首制度

On the System of Special Voluntary Confession in Official Crimes

职务犯罪存在相对独立的特别自首制度 ,这是世界各国刑事立法的通例 ,也深刻地影响着中国的现行刑事立法。我国现行刑法典应将职务犯罪的特别自首制度定性为独立自首制度类型。在职务犯罪的特别自首制度与其他自首类型竞合的情况下 。

It is a general practice in many countries that a comparatively independent system of special voluntary confession could be employed while dealing with crimes by taking advantage of duties. Such a practice greatly influences the current Chinese criminal legislation. It is argued that the system of special voluntary confession in current Chinese Criminal Law should be independent from other systems. When an overlap of special voluntary confession in official crimes and other types of voluntary confession occurs,stipulations in the general and specific provisions should be applied.