试论自首在司法认定中的几个疑难问题

Trial Remark on Some Difficult Questions about Confessing One's Crime in the Place of Judicial Recognition

我国刑法规定的自首制度,以惩办与宽大相结合的刑事政策为根据,以预防和控制犯罪为终极目的,对感化犯罪分子主动投案,鼓励其悔过自新,分化瓦解犯罪势力,及时侦破案件有着重要意义。自首分为一般自首和准自首。关于自首的认定问题,在理论和实践层面都容易产生分歧,有必要在理论上做出明晰的界定。

The system of confessing one＇s crime stipulated in the penal code of our country takes the penal policy of the combination of punishment with leniency as the foundation and the prevention and control crime committing as the ultimate purpose, which has the active signif- icance for moving the crime offender to actively give himself up and encouraging him to repent and make a new start, as well as for separating and defeating the criminal group. Confessing one＇s crime is divided into general one and prepar/ng one. With regard to the judicial recognition, it is very easy to grow different opinions in the respect of both theory and practice. So it is necessary to theoretically give them clear limitation.