Self-sufficient Judicial Determination

The voluntary surrender system is a system which can reflect the self reflection of the criminals and realize the purpose of saving the judicial cost. However, the theory of the system of voluntary surrender has not been formed. Theorists such as of general voluntary surrender and special surrender which constitutes the main problem in the elements has not yet formed a unified understanding, coupled with the current "criminal law" provisions of this seemingly simple, actually highly generalization of abstract elements, is difficult to hold in the judicial practice of ever-changing, resulting in China’s judicial practice for surrender and the application of the system is a state of confusion. But the determination of the system of voluntary surrender has a direct impact on the discretion of the penalty, so it is worthy of further research and discussion. The case of empirical analysis to test and deepen the theoretical research, article by three case leads, through systematically sorting out and reflection to surrender to the connotation of the system and constitute elements of the basic issues, based on case on the surrender of the system is the focus of controversy, analysis the existed in the field of theoretical disputes, in processing and solve encountered in practice surrender difficult problem always grasp the modestly restraining spirit of the criminal law.