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自首是我国刑罚裁量制度中一项重要的从宽处罚情节,它是惩办与宽大相结合的基本刑事政策的具体化、法律化,对于分化瓦解犯罪分子、降低司法活动成本、及时发现和打击犯罪都有着重要的意义。但刑法理论界和司法实践中,对自首的若干问题存在着不同的学术观点,且因立法以及司法解释的矛盾,给司法活动带来了具体适用上的困难和在认定自首时的不统一。
To surrender is an important leniency penalty in our country’s penal adjudication system. It is the concrete and legal basic criminal policy of combining punishments and leniency. It is of great importance for the disintegration and dismemberment of criminals, the reduction of costs of judicial activities, the timely detection and suppression of crimes All have important meanings. However, in the field of criminal law and judicial practice, there are different academic views on some issues of surrendering oneself, and because of the contradiction between legislation and judicial interpretation, it brings about specific difficulties in judicial activities and inconsistency when they are found surrendered.