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自首是我国宽严相济刑事政策的具体体现。我国《刑法》第67条对自首作出了明确的规定,最高院司法解释进一步明确了自首的认定。但是在实践中,仍然存在着诸多问题,如对向犯自首的认定、劳教期间自首的认定、二审期间自首的认定等。本文对此进行分析,对自首的适用予以准确的界定。
To surrender is the embodiment of China’s criminal policy of temper justice with mercy. Article 67 of China’s Criminal Law has made clear the provision of surrender to the Supreme People’s Court, and the judicial interpretation of the Supreme People’s Court has further clarified the determination of surrendering itself. However, in practice, there are still many problems, such as the recognition of prisoners of war, the approval of surrendering during re-education through labor, the approval of surrendering during the second instance. This article analyzes this and accurately defines the application of surrender.