对自首的再认识

The Re-recognition of Self-accusation

自首从宽是我国刑法规定的一项刑罚制度 ,也是一项重要的量刑法定情节。自首的两个构成要件是自动投案和如实供述自己的罪行 ,其中更应该注意的是关于余罪自首的法律认定。刑法规定 ,对于自首的犯罪分子可以从轻或者减轻处罚 ,这一制度对感召犯罪分子主动投案 ,鼓励犯罪分子改过自新 ,有效惩治犯罪 ,具有重要意义。

Self-accusation and liberal construction is a penal system regulated by our country's Criminal Law, as well as an important legal circumstance of punishment. Two components of self-accusation are voluntary capitulation and accurate confession of self-offence. More attentions should be paid to the legal provisions of self-accusation of the remaining offence. The Criminal Law regulates that the criminals of self-accusation can be given a less punishment and mitigation of punishment, which can be great significance to inspire the criminals to surrender to court voluntarily, encourage the criminals to turn over a new leaf and punish the crimes effectively.