Game Theory And Voluntary Surrender

Through profound studied on the criminal system in our country about voluntary surrender in the fields of legislative, judicial and theoretical status in quo, the writer have found immense relative theories and substantive questions co-existing. In the legislative field, although the number of the legal provisions (including judicial interpretation)on voluntary surrender is massive, and we have gone farther than many other countries and regions, the voice of oppugns and legislative proposals never cease; in the field of judicatory practice, "incurable diseases" emerging in practice have provided abundant new materials for the theoretical research while driven judicial operators mad; in the field of theoretical studies, achievements and enthusiasm are indeed worthy of recognition, however, such words as "debatable" "questioned", "study" show not only the perfect of this system but also the hidebound of the research. The writer believe that the research on voluntary surrender should not be a"non-solution"problem, and the most important reason for these questions lies in"not thinking in a proper way". The writer of this paper refers to the research method of "multi-directional three-dimensional thinking" , which advocated by Professor Chu Huaizhi, and tries to discuss the system of voluntary surrender by the Games Theory among other laws aside from the Criminal Law. The guiding philosophy of research is deeper and higher than the Criminal Law,while the basic frame of this research, formed by the judicial practice (such as Criminal Case, the judges interpretation of the Basic Law), is in a lower position compare to the Criminal Law. Putting these conclusions back into the pool of the Criminal Law, they can be expressed as the followings: advisors need to pay special attentions to whether the conditions are sufficient and whether there are optional measures(such as rules raised from cases) while proposing legislative recommendations on Sufficient; as for the difficulties emerge from the judicial practice, operators shall deal with them according the concrete problems and function the judges'discretion under the principles of law, while in the fields of theory research, scholars shall view this system from multiple aspects, and regard to the relationships among voluntary surrender system, other systems and other forms of social criterion, thus obtain broad and profound knowledge through micro-explore and macro-work.