Voluntary Surrender Of A Number Of Issues

The system of voluntary surrender as a great part of criminal penalty system in China is the implement and legislation of fundamental criminal policy of the combination of leniency with punishment. This system brings about positive effect in aspiring and urging criminal to plead guilty and show repentance, saving judiciary resources of nation, improving judiciary efficiency and so on.The article inquiries into the establishing essentials of voluntary surrender on the basis of how to admit voluntary surrender, and also defines voluntary surrender as the criminals can bear criminal responsibility and surrender to court voluntarily, or candidly confess the main criminal fact which is equal to surrender to court voluntarily. This definition gets through the whole analysis of voluntary surrender.The article's introduction presents historical change and present situation of voluntary surrender system in brief, analyzes the common opinions on criminal theoretical field, and probes into some ideas how to consummate voluntary surrender system from the angle of the traditional criminal policy.The first part gives the new explanations of definition and establishing essentials of voluntary surrender. It coordinates subjective and objective aspects, which are separated for a long time, and puts forward three essentials of voluntary surrender. Besides, it also presents that voluntary surrender is one of the important rights of the criminals.The second part mainly gives some my own opinions about the voluntary surrender body of joint crime and unit crime, voluntary surrender by force, false voluntary surrender, incomplete voluntary surrender, voluntary surrender under destroying incriminatory evidence, the relationship between voluntary surrender and defense, the application of voluntary surrender and recidivism and the influence of the voluntary surrender behavior to conviction.The third part is focus on how to consummate voluntary surrender...