新刑法对自首制度修改探析

Trying to analyze new criminal law to surrendering system amendment

新刑法对原刑法中的自首制度作了较大的修改。体现在新刑法以立法的形式界定了自首的概念和构成要件 ;扩大了自首从宽处罚的幅度 ;第一次将被限制人身自由后交待未被发觉的罪行明确规定以自首论。这就进一步统一了刑法理论界和司法界的思想 ,对于感召、鼓励、引导犯罪分子自动投案、悔过自新 ,分化瓦解犯罪势力 ,及时侦破刑事案件 ,有效预防犯罪 ,维护国家和社会稳定 。

WT5”BZ]The new criminal law has made a large revision of the old one.It shows that the new criminal law defines surrendering concept and forming factors with legislation.The scope for handling leniently towards surrendering is enlarged.It is for the first time that who confesses the undiscovered crime after the personal freedom is limited is considered as surrendering.This further unifies the view of criminal circle and judicial circle.It is sure to give full play to encourage and lead wrongdoers to surrender themselves to the police so as to make them repent and start a new.We should split and disintegrate crime power,reconnoiter and uncover criminal case in time and take precautions against crime in order to keep our country and society steady.[WT5”HZ]