Studies On The System Of Voluntary Surrender

The system of voluntary surrender embodies the criminal policy of combining of leniency with punishment. The system is very meaningful to guard against and punish crime. The legislation of voluntary surrender in criminal law of 1979 is too general to deal with in judicial practices. The criminal law of 1997 perfects the legislation, in addition, the Supreme People' Court of PRC issued the judicial interpretation about voluntary surrender and meritorious performance,but there still exists quite a few problems in both theoretical aspect and judicial practice. So it is necessary to further research on it.This article could be divided into five parts:At Part 1, the author narrative the Chinese history of voluntary surrender briefly, especially on the statutes of Tang dynasty; then introduce the system of foreign criminal law; finally discuss the theoretical foundation and meanings of stipulating the system of voluntary surrender.At Part 2, the author induces the concept of voluntary surrender, point out the essence of the system; the author agrees to the theory of "two conditions" .Then discuss the questions in the application of general voluntary surrender to justice, also analyses the constitution of voluntary surrender about unspotted crime and special voluntary surrender.At Part 3, the author discuss the problem of how to identify the voluntary surrender in special conditions, also analyses the difference between voluntary surrender and confession.At Part 4, the author points out the theoretical basis of the system: the reduction of the criminal' danger; saving the judicial cost; benefit to the realization of the purpose of the penalty.At last, the author makes some advice for perfecting the legislation of the system: adding the system of confession the crime; stipulating explicitly the conditions of voluntary surrender in crimes that handled only by complain.