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自首作为刑罚量刑制度的一种,对于鼓励犯罪分子投案自首、改过自新具有重要的现实意义,同时也有利于国家及时查处犯罪、维护社会公平正义。但基于文字表述的局限性和理解的差异,自首制度在司法适用中常常出现异化,甚至背离了立法的本意。本文结合高某某挪用公款、受贿一案,就自首中的有关问题进行初步探讨。
As a kind of punishment and sentencing system, surrendering oneself is of great practical significance to encouraging criminals to surrender themselves and reform oneself, and at the same time it is also beneficial to the state to investigate and deal with crimes in time and to safeguard social fairness and justice. However, based on the limitations of the written expression and the differences in understanding, the system of allegiance often alienated in the judicial application and even deviated from the original intention of the legislation. This article combines Gao Moumou misappropriation of public funds, bribery case, on the self-suicide of the relevant issues for a preliminary discussion.