Voluntary Surrender Of The Theoretical Interpretation And Troubleshooting

The voluntarily surrender system is an important measurement of penalty system in the criminal law of our country, and it is of long standing and well established result from continuous using in legislation and procedure. Correct suitable to the voluntarily surrender system is for encouraging and guiding the criminal to be automatic to give oneself up to the police, and correct one's errors and make a fresh start, thus be realized effectively that penalty prevents the purpose of the crime. However, it's still rare to carry on systematic observation and deeply analyze to it up until now. In criticizing and analyzing theory circle about the requirements and dividing of voluntarily surrender, this article states and analyses comprehensively its theoretical and practical problem, on the base of the essential characteristic of the system and the general theory on it. This article, more than 50, 000 words altogether, consists of five parts.Part I: Introduction. This part discusses on the concept and essence of voluntarily surrender system. As everyone well known, the definition of voluntarily surrender is the core category of voluntary surrender system. This article defines voluntarily surrender in a broad sense. Then, the article also explains especially that the essence of voluntarily surrender is that the criminal bear the criminal responsibilities voluntarily.Part II : The conditions of establishment of voluntarily surrender. This part explains separately three kinds of voluntarily surrender they are general voluntarily surrender, quasi-voluntarily surrender and special voluntarily surrender. This article insists on narrow interpretation of quasi- voluntarily surrender.Part III : Determination on the voluntarily surrender of complicated criminals. Such as impossibility of voluntarily surrender, voluntarily surrender of joint crime, voluntarilysurrender of plural crimes committed by one person and so on and voluntarily surrender of negligent offender.Part IV: The voluntarily surrender system's application. Firstly, the article proves the foundation and principle of voluntarily surrender 's criminal who has been punished leniently. Secondly, it makes an explain of the stipulations of several kinds of the voluntarily surrender in the specially difficult situations.Part V : Improving the legislation of the voluntarily surrender system. The article is firstly affirmative to the important reformation of present criminal law about the voluntarily surrender system. Then, it points out the lack of the current criminal law concerning to the voluntarily surrender system, and has offered several views for improving the legislation and procedures.In a word, the voluntarily surrender system is an important and very complicate measurement of penalty system in the criminal law. Wanting to develop and improve the legislation and the justice of voluntarily surrender system, we must enhance the theoretical research of voluntarily surrender system.