Crime and surrender and confession belong to the system of penalty measurement of mitigating circumstances, generally speaking, the difference between them is quite clear. Because of the limited space, here only discuss the following two issues:

(a) the difference between crime and frankly and confession of remaining crime

What is frankly, in the theory of criminal law is a controversial question, here, we hold the criminal law in the academic point of view: the so-called Tong said frankly that the criminal was arrested after their passive, confessed himself accused of crimes, to receive the national examination, the judge behavior.[5]According to criminal law article67The provisions of article, surrender is divided into general voluntary surrender and confession of remaining crime. Easily confused with meritorious service is a confession of remaining crime, because the general surrender is the voluntary surrender and confession of his crime criminal behavior, and meritorious service from. The so-called confession of remaining crime, refers to his criminal facts criminals have not mastered the judicial authority in the passive arrested after the confession of active behavior.

The difference between crime and confession and the confession of remaining crime mainly provides important clues meritorious service in impeaching crime and. The similarities mainly displays in: crime and confession, confession of remaining crime is the behavior of criminals to justice after confession of passive, and are related to the facts of the crime confessed, but they can all be lenient punishment plot. The difference between crime and frankly and confession of remaining crime mainly from the following aspects: (1Statement contents vary). The facts of the crime is the crime confessed themselves did not participate in the facts of the crime, the crime of others; and frank and confession of remaining crime behavior confession are themselves or to participate in the implementation of the criminal facts, that their crimes, including the crime alone and together with others to implement the implementation of joint crime behavior; in addition, a meritorious service content is not limited to the confession of crime, but also includes other outstanding performance for the country and the society, such as providing important clues, other cases to assist the judicial arrest the criminals, to prevent others from his criminal activities in daily life and made outstanding contribution of production. (2A detail statement) on different requirements. The main plot is not honest and remaining crime from capital requirements for their crime fact confessed in hiding, evade the crucial point, or shirk resposibility on shielding cohorts act will make confession or confession of remaining crime cannot be established; and the criminal act is not so strict requirements, as long as the behavior of confession played an accusation to expose the criminal acts of others or provides important clues for solving other criminal cases, you can set up a crime. This is because the former confession crime is the behavior of people own implementation or participate in, is the behavior of the doings, experience, and the latter one is other people's crimes, acts only on this crime is even part of the criminal facts, understand that. (3) surrender including confession of remaining Crime Constitution requires the criminal to accept the national review and adjudication, such as 1998Years4Month6DayInterpretation of the Supreme People's court "on the treatment of voluntary surrender and meritorious service for several issues on the specific application of law" (hereinafter referred to as the "interpretation") clearly stipulates: the suspect surrendered after the escape, not surrender. Frank and surrender as act must have to accept judicial review and adjudication, judicial practice of confession and confession even escape behavior are not considered to be honest or surrender.[⑥]The crime constitution is not affected by this restriction, the criminals have to expose others to commit a crime or provide important clues to other cases and were verified, although also have pleaded not guilty to repentance, even escape behavior, does not affect the meritorious service establishment, of course, because the behavior person escape behavior in the criminal proceedings, therefore, in the measurement of penalty, can not be lenient punishment according to law.

(two) in the common crime of surrender and meritorious boundaries

Determination of joint crime of surrender and meritorious service boundaries, should first clear a problem is, everyone in the common crime behavior is part of the common crime, common crime overall behavior nature, nature determines the implementation of each joint offender of his behavior, decided by the special characteristics of joint crime and voluntary surrender nature, in the determination of joint crime of surrender not only requires common criminals surrender only confessed that part of their implementation of criminal activities, other common criminals but also its explain oneself do know, and their crimes are closely related.[⑦]That is to say, the common crime person surrender when the account, report other criminal expose common criminal facts to surrender, but not meritorious service. On this point, the "interpretation"1There are clear provisions. But if people act not only explains the knowledge of other co criminals and their joint implementation of crime (namely common crime fact), but also by other crimes outside the common crime implement the knowledge of other co criminals, and were verified, then after a behavior should be considered. For meritorious service, belonging to the report, expose others to crime meritorious service. Under this situation, people not only have the statutory conditions of surrender, but also meet the statutory requirements of meritorious service, belong to "surrender and meritorious service" (including the general crime and major meritorious service). Here the behavior people confessed "other co criminals by the implementation of the joint crime other than the crime" should be understood as the acts themselves did not participate, has nothing to do with their other accomplice shall be executed crime. That is to say to expose the accomplice a meritorious service requirements expose the accomplice of other joint crime other than the non accomplice behavior. Visible, identified in the common crime of surrender and meritorious service boundaries, the key lies in the behavior of people confessed crimes is a common crime in the participating.

In addition, in the common crime, the partial accomplice surrendered, truthfully confessed complicity in the participating, but also provide other has not been arrested the perpetrator caches clues to the judicial organ, to help arrest the other accomplices, shall be deemed as a crime.