Surrendered System Of Justice Applies

The voluntary surrender system is a worldwide penalty system and has a long history in China. It is a prominent feature of Chinese law system. The voluntary surrender system formulated in the new criminal law is the embodiment and legalization of the combination of punishment and lenity policy of our government, which is of significant importance in making the criminals shun evil and do good, punishing and making precautions against crimes, thereby realizing the purpose of penalty. As an important penalty measuring system, voluntary surrender is a common circumstance for liberal punishment in judicial practice, which consists of the determination and the punishment of the voluntary surrender. And there comes the problem of the unification of the determination and punishment. In judicial practice, there are often problems concerning the inconsistency of the determination and the punishment of voluntary surrender which results in difference in penalty. For instance, some behavior is determined as voluntary surrender but is not given lenient punishment; some behavior is not determined as voluntary surrender but is dealt out leniently; some is determined not as voluntary surrender but as surrender, however, it is still punished leniently; should it be considered as voluntary surrender if the relatives of the offender help to catch him or her and make him or her confess?; should leniency be given the offender if s/he confesses? Because different judicial administrators hold different views of voluntary surrender, they may have different judicial practice, and therefore this may cause imbalance in penalty measuring, eventually leading to the impairing of the legal justice. Through the analysis and research on the determination and punishment of voluntary surrender and its relevant issues, this paper attempts to solve some controversial problems concerning voluntary surrender in judicial practice, such as how to unify the determination of the voluntary surrender and its punishment, how to determine the voluntary surrender, how to measure the penalty accurately so as to assure the legal justice.This essay is divided into six parts.The introductory part puts forward the controversial problems concerning voluntary surrender system in judicial practice and states the main purpose of this essay that attempts to solve the problems under the basic principles of the current voluntary surrender system.Part one defines the concept of general voluntary surrender and its composite elements and puts forward views on the related difficult problems.Part two defines the concept of quasi-voluntary surrender and its composite elements, states the difference between quasi-voluntary surrender and common voluntary surrender, and discusses the controversial problems with regard to quasi-voluntary surrender.Part three defines the concept of special voluntary surrender and its composite elements and makes a Contrastive study of difference and similarity among special voluntary surrender, common voluntary surrender and quasi-voluntary surrender.Part four states the specific circumstances of voluntary surrender, the legal points of view, coexistent penalty measurement circumstances and the principles of punishment in special situations and also raises personal ideas on the problems of voluntary surrender punishment.Part five with regard to criminal law and judicial practice make some advice for perfecting the voluntary surrender system.