Study On The System Of Special Voluntary Surrender

The Criminal Law of PRC promulgated in 1997 established the special voluntary surrender system,which is an effective consummation of the Criminal Law of PRC promulgated in 1979. Since this establishment can serve the purpose of conducting an effective charge towards bribery cases by impelling briber and bagman to confess initiatively, many other foreign countries have already admitted the importance of the special voluntary surrender system unanimously.Beginning with the basic theory of the special voluntary surrender system, and by analyzing the problem of judicial practice, the author aims at consummating the special voluntary surrender system with an effort to crack down on bribery crime. The article mainly includes the following four parts:The first part provides a bird view over the general theory of special voluntary surrender system. The author stipulates that the special voluntary surrender system, which can find its origin in the third paragraph of Article 164, the second paragraph of Article 390 and the second paragraph of Article 392 of the Criminal Law of PRC, stands as an independent form between the common voluntary surrender and the quasi-voluntary surrender. With the help of the game theory, the author argues for the necessity and appropriateness to establish the special voluntary surrender system. The second part focuses on the forming conditions and judicial practice of the special voluntary surrender. The author holds that the forming conditions of the special voluntary surrender concern three aspects--namely the condition of subject, the condition of time and the condition of confession. A multiplicity of emphasis has been laid on the judicial practice of the special voluntary surrender system, and nothing can be ignored when it comes to the following issues: entities can be the subject of the special voluntary surrender, the choosing of the special voluntary surrender the common voluntary surrender and the quasi-voluntary surrender in judicial practice, concurrency of the special voluntary surrender with merit. The author proposes own views to the issues.In the third part, the author points out that the difference in such factors as the political background and legal culture leads to the difference in the regulations of the special voluntary surrender system in different countries. As far as the scope of establishment is concerned, we can learn something from what has been prevalent in foreign countries, especially the system of witness immunity system.