Tang Dynasty Surrendered System And Comparative Study Surrender In The Current Criminal Law System In China

The system of surrender, as an important system of criminal law discretion, plays a significant role in establishing, perfecting, helping the criminals to repent, refusing the evil from good, reducing the cost of justice, improving judicial efficiency and helping achieve the purpose of the criminal law. The system of surrender has a long history in ancient China. As early as the Western Zhou Dynasty, the system of surrender had been outstanding. In the Qin and Han Dynasties, the system had its basic form, and in the Tang Dynasty, with the development of society and economy and the progress in legislation, legislators summarized the achievements of voluntary surrender made by previous generation, and combined with the background at the time, making the related provisions of more detailed and complete. The Tang Dynasty was also a typical representative of China’s feudal society. After the Tang Dynasty, based on the law of the Tang Dynasty, the system of surrender made great development and breakthroughs. Until today, the voluntary surrender of the current criminal law system is still inextricably linked with the system of Tang Dynasty. Although the two surrendered to the main body surrendered to the object, and surrendered to the criminal responsibility in many different aspects, surrendered the principle provisions, such as the main body surrendered in the principle of time surrendered to the "crime is not issued basis, etc., these areas have something in common. In the current system of criminal law, it is not difficult to capture the shadow of the Tang Dynasty, surrendered to the system. The existing criminal law related to the system of surrender, is to inherit the system in Tang Dynasty on the basis of a further development. History, research methods, study the Tang Dynasty, surrendered to the system with the existing criminal law surrendered system on the basis of a comparative analysis of the similarities and differences between the two, and then draw some inspirations surrendered China’s current criminal law system in the development process.The first part of this paper, from the concept of cut surrendered to the concept of different concepts that existing criminal law analysis in Tang Summary of Law surrendered to the scientific and rational concept.The second part is the focus of this article. The constituent elements are analyzed in eight aspects, form the system of surrender in the Tang Dynasty to the system in the existing criminal law now.The third part is the conclusion of this article. Tang Dynasty surrendered with the existing voluntary surrender of the similarities and differences in the analysis, this part sums up the relation of system in the Tang Dynasty form four aspects to improve the system of voluntary surrender in the existing criminal law.