Discussion On The Voluntary Surrender System Of Qing Dynasty And Its Application In Judicial Practice

As an important system in Chinese legal system, voluntary surrender systemplays an irreplaceable role not only in ancient time but also the current criminal law.From its germination stage; it has been more than three thousand years up to now, itadapted the requirements of the trend of times and was used by every dynasty in thelong development history. As crystallization of human wisdom, it is also the valuablewealth of Chinese legal history.Voluntary surrender system goes through stages such as germination,establishment, improvement, etc. its content also changed from simple to mature,then to be perfect, and finally became numerous and complicated, it has uniquefeatures in different periods, including the Qing Dynasty. Voluntary surrender systemof Qing Dynasty is the comprehensive expression of voluntary surrender systemwhich carried on the cream of previous generation and also made supplement; itdeveloped his own characteristic clauses of the dynasty.On the basis of the former’s researches of voluntary surrender system of QingDynasty, this article makes detailed discussion with the method of historical analysis.From the perspective of actual cases to analysis the voluntary surrender system forthe application skills in the practical operation process, to find out the spirit while itwas performed and its cultural pursuit, striving to show the voluntary surrendersystem to the readers with a new appearance.This article is formed of four parts, the first part mainly introduces the conceptand historical development of voluntary surrender, for many Chinese and overseasscholars have made delicate and specific researches and have published relevantpapers for this part, so the first part is simple, the writer just made arrangement forthis part. The second part mainly introduces the researches on different levels for thevoluntary surrender system of Qing Dynasty, analyzed it comprehensively andmeticulously. The third part mainly introduces the application of voluntary surrendersystem of Qing Dynasty in judicial practice, it is the key point and innovation of this article, and it listed some typical cases in judicial practice to analyze, it summarizedthe issues such as reasons for voluntary surrender action of official construction andcultural pursuit of voluntary surrender through the analysis of these cases. The fourthpart mainly introduces the delicate discussion for cultural pursuit of voluntarysurrender and significance of voluntary surrender. The conclusion part of this articlemainly introduces the voluntary surrender of Qing Dynasty simply and makes activeevaluation for its value pursuit and historical significance.