在司法实践中特别是刑事审判阶段,对自首的认定往往持一种较为宽松的态度,即只要能够在一定程度上实现鼓励犯罪分子投案争取宽大处理和降低司法成本的价值就可以认定为自首。本文以为此种做法欠妥,要正确认定自首,从形式上必须严格遵循其法定构成要件的要求,在内容上必须回归到自首的本质上,同时还要考虑其适用的法律效果。 In the judicial practice, especially in the criminal trial stage, the recognition of voluntary surrender is often held in a more relaxed attitude. That is to say, it can be regarded as surrender to the extent that the value of encouraging criminals to surrender for leniency and reducing the judicial cost can be realized to a certain extent. This article thinks that this kind of practice is not proper, and must correctly approve the surrender. In the aspect of the content, we must return to the nature of surrender. At the same time, we should also consider its applicable legal effect.