| Surrendered to the provisions of Chinese criminal law system is a very important system of penalties, has a long history of evolution. It's can say that in our country, surrendered to the system's development is a relatively perfect system for a discretionary penalty. Scholars also research this issue after another, people wishing to draw a pattern from one of the conclusions in order to facilitate identification of the practice of surrender. Surrender the situation is complex, not a paper or monograph can be listed clearly. In practice, the solution for this problem is very important, this want to through their own efforts can make a study and exploration within its capacity, also surrendered to the proper practice to make its modest contribution to identify. However, there is no shortcut, so this is surrendered to the general theory from the start and found that the intrinsic value of voluntary surrender in order to identify their benefits.The whole article is divided into three parts, which are surrendered to the legal basis of the system, valued at the foundation and legal basis, and the last part of the summary. The first part is surrendered to the legal basis for the legal basis on which surrendered to the system is divided into two parts to focus on. The first aspect is the Christian doctrine from the West, "pleaded guilty to repentance" has done an analysis of a religious basis. Of religion in secular society in the development process of law has been a controversial topic, so one hand, it greatly with their own dignity and authority of the influence of the law into and affect the formation of some of the principles of law, while at the same time over time It goes on strongly again talk of legal development and progress of religion, its impact should be set aside. This in turn revert to the topic of religion, is the starting point from the Christian doctrine to speak of surrender of the system is reasonable. The second is from Jeremy Bentham's "profit and avoid loss" utilitarian principle of analysis. Surrender of a system of that country through the explicit provisions of a voluntary initiative to encourage the perpetrators of criminal responsibility is the result of a compromise between the two sides, in essence, the state and criminals to reach an agreement or contract that is to achieve a win-win double profits purpose.The second part is the value of surrendered the basis of the system. The value of surrender is that it can actively promote the resumption of criminal acts have been damaged by the social order, but also to protect human rights, criminal law reflects the humanitarian spirit. In this, the essence of surrender is a crime of criminal liability for people to come forward voluntarily, this definition has become a surrendered system to play its role of great value to the core.The third part is surrendered to the legislative basis for the system. Surrender system, in our long historical process, because by the Confucian "benevolent" thinking, inevitably stained with such a mark, the people of this ideology, Ming-Shen punishment of virtue these are factors. At the same time surrendered to the system established in the context of modern criminal law is also in order to better achieve the purpose of punishment, in particular, to achieve specific prevention needs.The article was both East and West, traditional comparative legal culture, another system in our country surrender its own analysis; both pairs look at the history of our country surrendered to inherit and carry forward the tradition, have surrendered to the system of modern legislation in certain functions. Through this historical analysis of the method and the collision of East and West compared with a view to the surrender of our judicial practice and decided that there was a more profound theoretical knowledge, only the basis of these theories are deeply implanted in people's minds in order to better grasp the surrender of the system souls and minds, more accurately identified the establishment of surrender.
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