| Surrendered system is an important penalty discretion system in the criminal law, which goes back to ancient times in China. Surrendered system in the history of the development of law has always been a place, and to improve gradually. The study and theory of the surrendered system is lasting new indemnity in China. It is important to encourage and guide the criminals surrendered, rehabilitation, to effectively achieve the purpose of punishment of crime prevention for the correct understanding and application of the system surrendered.This article has started with the history of the ancient regime surrendered development process, and combined with modern surrendered system. The article is on the basis of analysis the system of modern surrendered, which focused on the ancient and modern surrendered a comparison analysis. The article has a detailed exposition for the similarities and the differences of the Ancient and Modern surrendered. Inspection the similarities and the differences of the Ancient and Modern surrendered in historically and to compare, will help us to better grasp the system turned himself in the development of the law change, better understanding of the existing "Criminal Law" surrendered the system end better to promote the development of the theory surrendered and judicial practice. Finally, the paper is analyzed the problem of the focus on the current surrendered system theoretically.In addition to the introduction and the conclusion, this article is composed of four parts:The first part discusses the origin of our system surrendered and development. The earliest recorded about the surrendered system was began during the Western Zhou Dynasty in China. Qin and Han Dynasties period is the establishment of the system in China surrendered period. About the surrender, as in the Qin Dynasty "Since the divisions," and "a self." In accordance with the provisions of the Han Dynasty law, crime it will be surrendered to the feudal and officials can waive or reduce their punishment. The Wei, Jin and Southern and Northern Dynasties and the Sui law were changed "Since the divisions" as a "surrender", as well as future generations in use ever since. After all the Han dynasty surrendered to the Qin and Han Dynasties based on the system in order to meet their needs dynasty rule, the provisions in the Penal Code surrendered system, the system turned himself played a certain role in promoting and perfecting. Ancient surrendered regime has a long history of the evolution of getting complete, to the Tang Dynasty Law, the system provides surrendered in a comprehensive, detailed and reflects the high standard of the legislation, a system of feudal society surrendered the legislative model. Song, Ming and Qing China surrendered system development period. Tang turned himself in the Torah system for the complete and known, but the Song, Ming and Qing almost completely followed, but even so, the different times are all still in development and breakthroughs.In the second part, the article has analyzed the modern surrender of the existing "Criminal Law". According to the existing "Criminal Law" the provisions of section sixty-seven, surrendered is a action which somebody is surrendered after the crime and truthfully confessed his crimes during his act. Measures have been taken against criminal suspects and defendants, and are serving sentences of criminals, the judiciary has not been truthful statements I have the other crimes, to surrender on. Accordingly, can be divided into general surrendered and the special surrendered. The composition of the general conditions: First, surrendered after the crime; Second, truthfully confessed his crimes. Special surrendered is that the measures have been taken against criminal suspects and defendants, or are serving sentences of criminals .the judiciary has not been truthful testimony of the master of my other crimes. Its composition requirements: First the main measures must be taken against criminal suspects and defendants, or are serving sentences of criminals; Second, the request must be truthful testimony of my statements by crime and the crime has not been judiciary must master.In the third part, the article has a detailed exposited comparison for the ancient and modern surrendered, which is the important part of the article. First, the existing "Criminal Law" in the concept and composition of the elements surrendered to the culprit, as well as criminal responsibility for the 1979 "Criminal Law" were modified. In addition, provides the special surrendered. The existing "Criminal Law" Article sixty-seven, paragraph two, clearly states: "The measures have been taken against criminal suspects and defendants, and are serving sentences of criminals the judiciary has not been truthful statements I have the other crimes, to surrender on." It is the first time for China criminal legislated after the account restriction of personal freedom, that the crimes were not clearly defined in theory surrendered. So that theoretically there are different views of the long-term "quasi-surrender" finally has a clear legal basis.Secondly, this article has compared the ancient and modern surrendered in many areas. In general surrendered, there are different in some areas: First, prerequisite: crime after the crime has not been brought to justice. Secondly, the form of conditions: personally surrendered. Third, the object of surrender: the relevant authorities or individuals. Fourth, the real conditions of surrender: truthfully confessed her crimes during her. About the special surrendered, the truthful testimony of ancient in China on the establishment of the crime more than the criteria surrendered, I said the crime has been focused on the crimes, and if I have a focus on the crime of crimes, the establishment of surrender; The contrary, not to surrender On , as compared with the provisions of the above-mentioned prospective surrendered, significantly less than its application of the existing "Criminal Law" requirement. In addition, the Supreme People's Court also explained the surrender of fugitive done, "escape after committing a crime, wanted to pursue the process of the surrendered the initiative should be regarded as……surrendered." Ancient Chinese people have the right to flee the surrendered done, but to limit it as "not a crime."Finally, the article discusses the modern surrendered has inherent and developed from the to ancient surrendered. In the performance of succession to the following aspects: First, despite the establishment of surrendered scope expanded or reduced, but the perpetrators of the crime had not been found before, the competent authority to truthfully tell the acts are surrendered in China has never changed. This shows that China's criminal law on the ancient understanding of the nature of surrender from the beginning is correct. Second, the object for the surrendered is crime jurisdictions. In ancient times, the subject of surrender is "officers" and "lawsuit", "stepped forward." The existing "Criminal Law", the object for the surrendered is, in principle, for looking into the criminal responsibility of the judiciary or individuals. Although the names vary, but, in essence, there is no distinction. Third, adhere to the principle is that surrendered to crime themselves .Fourth, in the ancient crime law "is not surrendered, it is not the crime of crimes, not" that surrendered only to the effectiveness of the crime told by the basic principle be upheld. Fifth, surrendered to the leniency of the punishment although the rate was gradually reduced, but surrendered leniency of the punishment principle remains unchanged. Sixth, the existing "Criminal Law"- special surrendered has a certain sources from the criminal law in ancient. Performance in the development of the following: First, the definition and concept of surrender that further out. Secondly, the establishment of conditions for the development of surrender. Third , the development of surrender penalties leniency.The fourth part, this article has analyzed the problem which is the focus of our country's current surrendered system theoretically. Theoretically current surrendered system has the focus of major problems is: First, about the problem for the nature of the surrendered .Second, the problem for the special surrendered. About the nature of the surrendered, is not repentance. The essence of surrender is pleaded guilty and received trialed. This article also has analyzed the main and "other crimes" of the special surrendered.In conclusion, this article pointed out that expect to bring some useful enlightenment to the readers when they are researching on the surrendered system for the future by the conclusions of the ancient and modern surrendered comparative. |
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