The Study On The Special Voluntary Surrender System

Special voluntary surrender system is one of the important systems in Chinese criminal law; it also reflects the national basic criminal policy of the combination of leniency with punishment.Special voluntary surrender system plays a positive role in reforming, supervising and urging the criminals to admit guilty, repent and start anew, correct themselves so that to save national judicial resources, to improve judicial efficiency and to avoid infringing the innocent. Undoubtedly, special voluntary surrender system is significant for effectively realizing the purpose of criminal law of prevention crimes and for actually substantiating the principle of suiting punishment to crime. Based on the current legislation and relevant judicial interpretation about special voluntary surrender system and refer to the theoretical studying fruit and criminal judicial practices, this paper studies on special voluntary surrender system.The first part is the summary of voluntary surrender system. Beginning from historical origin, it introduces the regulations of voluntary surrender system in Chinese different dynasties. The vertical historical research on voluntary surrender brings the disclosure of its definition. Upon the phenomena, the final substance of voluntary surrender is disclosed and the types of voluntary surrender are also listed. The second part is the summary of special voluntary surrender system. Start with its definition, this part analyzes its forming conditions successively and the academic debates about that whether special voluntary surrender system should be retained or abandoned.The third part comparatively analyses special voluntary surrender system. It compares Chinese special surrender system with other countries'relevant systems, special surrender system with tainted witness system, general voluntary surrender system and quasi voluntary surrender system.The fourth part focuses on the determination of voluntary surrender in duty crimes, especially discusses the determination of voluntary surrender during the "regulated time and location" and "defined time and location" period, and the determination of voluntary surrender in the duty crimes in which the suspects have evaded to foreign countries.The fifth part outlines the blue print to perfect special voluntary surrender system. Firstly, it concludes the current Chinese special voluntary surrender system shall be amplified. Secondly, it studies the "advice on the circumstances of determining voluntary surrender and meritorious service when deal with duty crime cases" announced by Chinese Supreme People's Court and Supreme People's Procuratorate jointly and provides according recommendation to perfect the "Advice".Through the above five parts, the author hope that this paper hope could be positive and helpful for understanding, judicial application and perfecting Chinese special voluntary surrender system.