On The System Of Surrender In Chinese Criminal Law

Hie system of voluntary surrender to justice is one of the most important systems of penalty judgment in the China criminal law. Author states it from diverse angers in this dissertation which consists of four parts. Part one: The brief account of voluntary surrender to justice. First, author discusses the legislation of voluntary surrender to justice from historical anger. Second, author expounds the concept and essence of voluntary surrender to justice. Last, author divides voluntary surrender to justice into different types from various viewpoints.Part two: The constitution of voluntary surrender to justice. There are two kinds of voluntary surrenders to justice, namely, general voluntary surrender to justice and voluntary surrender to justice about unspotted crime. There exist theoretical disputes about such constitution. Author thinks that general voluntary surrender to justice concludes two conditions. One is that subject should surrender automatically and the other is that he must truly state his crime. Author thinks that voluntary surrender to justice about unspotted crime also concludes two conditions. One is that the subject must be the suspect controlled in the compulsory measure , thei accused, or the criminal in prison. The other is that what sub-ject truly confesses must be other crimes that the authorities do not probe before.Part three: The questions in the application of voluntary surrender to justice. Author discusses the special voluntary surrender to justice at the beginning. Special voluntary surrender to justice is not confession and should be the independent type of voluntary surrender to justice because of the distinctive constitution. Author also discusses the voluntary surrender to justice about the crime started only by complain and voluntary surrender to justice in joint offense.Part four; The criminal responsibility of voluntary surrender to justice. Author discusses the questions such as the theoretical ground of legislation, the application about voluntary surrender to justice and the improvement in it. First, author thinks that the worth of voluntary surrender to justice embodies is the combination of the prior utility with secondary justice. Second, the legislation and application of the criminal responsibility of voluntary surrender to justice conclude three types, namely, the type of absolute leniency; the type of relative leniency; the type of compound. What China criminal law adopts is the latter. Third, some measures should be taken if there is to be improvement in the legislation of the system of voluntary surrender to justice.