On The Penalty For Voluntary Surrender

The lenient penalty for voluntary surrender is an important criminal judgments system. And it plays important role in the justice practice. In 1979, China defined the voluntary surrender system in Criminal Law and defined the penalty for it. 1997-version Criminal Law has improved the system. The Supreme People' Court of PRC also issued the judicial explanation for voluntary surrender and good deed. But there is much quarrel to the penalty for voluntary surrender in theory and practice.From the concept, the thesis analyzes the constitute components of voluntary surrender, introduces its developments and changes in our criminal law history. The different penalty principals of other foreign countries are introduced as well. The thesis states the judicial theoretical basis and value orientation for the lenient penalty for voluntary surrender, introduces the common principles and specific provisions in China, approach the penalty in different cases of unit voluntary surrender, voluntary surrender, surrender coincidence,quasi-surrender and surrender existing with other measurable details. According to the statistics of the penalty for voluntary surrender in the judicial practice, the author offers his suggestion of improving legislation, i.e., to revise the provision of Article 67 in Criminal law from 'may penalize leniently' to 'should penalize leniently' and to specify the situations of being not applied to; to limit the constitute components and the degree of being lenient which is stated in the Article 68 of Criminal law.