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自首认定是办理走私普通货物、物品案件中法律适用的热点问题。司法实践中呈现自首认定比重较大、自然人认定比例较高、处罚较轻以及侦诉判认定分歧较多等特点。自首认定中存在的问题及成因主要体现在实体方面、证据方面和量刑方面。司法部门今后应加强走私普通货物、物品案件自首认定的规范及适用,一是统一自首认定标准,二是加强对自首证据材料的收集和审查,三是建立自首从宽处罚阶梯形量刑体系。
It is a hot issue that the law is applicable in handling cases of smuggling ordinary goods and articles. In judicial practice, there is a large proportion of people who confess their own surrender, the proportion of natural persons is higher, the punishment is lighter, and the differences between investigation and determination are more. The problems and causes of surrendering themselves are mainly embodied in the aspects of entity, evidence and sentencing. In the future, the judicial department should strengthen the norms and application of surrendering cases of smuggling ordinary goods and articles of one’s own accord. One is to standardize the procedure of unanimously approving surrender, the other is to step up the collection and examination of evidence materials for surrendering themselves, and the third is to establish a system of lenient penalty-shaped sentencing.