Surrendered To The System Of Study

Voluntary surrender system, which has a long history in China and always regarded as the characteristic system of Chinese legal genealogy, is an important system of punishment;Having its own position in foreign criminal laws and being attached significance, voluntary surrender becomes an very important system of adjudication of punishment in Chinese and foreign criminal laws. The ruling class created voluntary surrender system on the base of the experience of fighting against crime;Scientific design, accurately comprehension and exactly exertion of this system is of much significance and value to disintegration of criminals, prompting of confessions, rapid detection of cases, saving of judicial resources, improving of judicial efficiency and realization of the punishment purpose of general prevention and special prevention. This thesis is subdivided into five sections to discuss voluntary surrender system.The first section is concerned with the summarization of voluntary surrender system. At first, the author briefly talks about the origin and development of voluntary surrender system in China, and analyses the reason why voluntary surrender has always being developed in our nation;then discusses the concept and essence of voluntary surrender and considers that the essence of voluntary surrender rests with delivery of himself to national prosecution on the criminal's own desire instead of penitence;finally the author discusses the basis of lenient punishment to voluntary surrenders, which is the comparatively minor of dangerousness of the person of voluntary surrenders, meanwhile, voluntary surrender is propitious to rapidly detect cases, punish crime in time and improve the function of strike and prevention of crime of criminal laws.The second section concerns itself with establishment essentials of voluntary surrender, including that of general voluntary surrender, quasi voluntary surrender and special surrender in specific provisions of criminal law, and expatiates some relative questions.The third section is concerned with determination of voluntary surrender, discussing some difficulties of determination of voluntary surrender from seven aspects, including the determination of voluntary surrender of complicity, plural crimes, chance-crimes and unitcrimes, voluntary surrender and confession, defining of suspicious appearance, defining of confession of criminal facts in period of double regulations and so on.The fourth section discusses criminal responsibility of voluntary surrenders. The first part is the introduction of punishment regulations to voluntary surrenders in the active Digest of Criminal Law;the second is the factors that should be considered as handling leniently to voluntary surrender;the last is the concrete application while voluntary surrender and other circumstances of measurement of penalty coexist.The fifth section focuses on the improvement of voluntary surrender system, including creating confession system, definitely making rules of no trial without complaint, re-explaining other crimes of oneself in quasi voluntary surrender and clearly making rules of unit crime.This thesis totally consists of 68,613 Chinese characters.