On The Inheritance And Development Of Voluntary Surrender Of The Criminal Law

Voluntary surrender is an important system of penal institution in criminal law of China. It will help us to grasp the laws of voluntary surrender's developing and changing, to under voluntary surrender in criminal law of the people's republic of China of 1997,to promote the development of voluntary surrender's theory, to guide legislative and judicial practice to study voluntary surrender's succession and development historically and comparatively. It consists five parts as the following:Preface means to generalize the historical link of voluntary surrender in criminal law of China. The current voluntary surrender in criminal law of Mainland and Taiwan has developed on the basis of the new criminal law of Qing Dynasty, and is also the succession of the voluntary surrender in ancient criminal law.The origination and perfection of voluntary surrender is to probe into its origination foundation and perfection. This part takes a further textual research in the origination and sentencing of voluntary surrender. Xia dynasty sees the birth of voluntary surrendering and Hang dynasty finishes its foundation,and also somewhat development and perfection,comes to the summit in Tang Dynasty, keeps its content in Song Dynasty. Further development of voluntary surrender, takes place in Ming, Qing Dynasty. The basic principle of voluntary surrender hadn't changed by the end of Qing Dynasty.The revision and development of Tang dynasty's voluntary surrender in Ming, Qing Dynasty mainly covers the evolution of voluntary surrender in Ming, Qing Dynasty, especially the effect of voluntary surrender's revision in the end of Qing Dynasty, this part offers an new opinion. During the course of voluntary surrender's revision in the end of Qing Dynasty, although there existed effect from other countries,its core keeps with voluntary surrender in Tang Dynasty.The succession and development of voluntary surrender in the current code of criminal law compares the voluntary surrender in criminal law of Taiwan area with criminal law of Mainland, compares the current criminal law with the ancient criminal law ,to find out the common and different aspects, and definite the succession and development of voluntary surrender than everThe discussions on two problems of voluntary surrender in current code of criminal law are the essence of voluntary surrender and surplus crime's voluntary surrender.the problems explain the development themselves, and further inquiry will deepen its theory ,and push its development and improvement.