The Controversies And Countermeasures Of Chinese Voluntary Surrender System

Criminal Law of the People’s Republic of China, formulated in1979,had stipulated the system of voluntary surrender. On the basis of The1979Criminal Law, the voluntary surrender system,provided by the current Criminal Law, becomes more clear, more detailed, and more rigorous. Therefore, the importance of the voluntary surrender system can be fully reflected from the provisions of Criminal Law. On the basis of the original penalty, voluntary surrender is beneficial to criminals, because it can relieve, reduce, so that it can urge criminals to plead guilty and be executed, to repent thoroughly, and to reformation completely.The meaning of voluntary surrender system is also of great significance for judicial authorities. It can greatly save the judicial cost, improve judicial efficiency, prompt judicial authorities to investing, to prosecute, to hear more cases at a minimum cost of judicial invest, and develop the full functions and purposes of the Criminal Law.With the increasing number of judicial interpretation, the voluntary surrender system is becoming more perfect. However, many parts of the voluntary surrender system is not detailed and clear enough.For example, the definition, essential requirements, established conditions of voluntary surrender, and some regulations on voluntary surrender between Joint Crime and unit crime are not very clear,existing a huge dispute. These issues impact the application of the voluntary surrender system in judicial practice. With the development of society, we will encounter some new tough issues during the judicial practice, and judicial authorities will keep different viewpoints on handling them. It violates the principle, laws do not discriminate against anyone, and is not conducive to the unity of the legal system.Therefore, the further discuss of the voluntary surrender system has important theoretical meaning and apparent practical value.