Surrendered System Theory And Practice Of A Number Of Issues Studies

Voluntary surrender system has been a Chinese featured law of long standing. Beginning from the historical evolution, this thesis probes into the essence and value of voluntary surrender system, with a focus on its forming conditions and judicial practice, including the common voluntary surrender and quasi-voluntary surrender, as well as suggestions on the system from the author.The author holds that the essence of voluntary surrender being the suspect delivers himself/herself to the court on purpose. The merit orientation of Chinese voluntary surrender system takes over the "moralization" in Confucianism, and turns to such elements as "defensive exchange" from abroad.As for the constitution of voluntary surrender, the "two factors" theory is appropriate, for "surrender oneself to justice" and "confess truthfully" consist of the acceptance of adjudication and justice. The practice of "surrender oneself to justice" should ensure accurately in assessing the related issues, such as the time, objection, object of surrender and suspicious looking, while the practice of "confess truthfully" should be limited in the actual facts in the real world, not including the natural condition of the subject.As far as quasi-surrender is concerned, it is important to weigh between main body and object, and the "other crimes" should include the same type of crime.