A Study On The Recognition And Sentencing Of Voluntary Surrender Case Of "Xing'An Hui Lan"

From several words in ancient times,to the mature period of the Chinese legal system,the system of surrender left a precious record in the history of Chinese criminal law.Its ancient and modern continuity in the legal system almost completely westernized modern criminal law is rare,has great research value.Both the ancient surrender system and the modern surrender system take the offender's surrender behavior as the evaluation object,but there are some differences in the identification of surrender and the standard of sentencing.In the analysis of the system of surrender in ancient times,this paper locked the object of study in the Qing Dynasty,because the system of surrender in the Qing Dynasty with the continuous development of the times,has been a collection of the whole feudal dynasty surrender system,and the surrender cases compiled in the Qing Dynasty "Xing'an Hui Lan" can also provide detailed and reliable information for the overall understanding of the surrender system and its implementation.Therefore,the paper combs in detail the twenty-four cases of the voluntary surrender of listed cases in "Xing'an Hui Lan",and analyzes them according to the types of cases,the facts of crimes,the circumstances of voluntary surrender and the results of trial,and obtains the correct facts and laws in the trial of voluntary surrender cases Law invocation is two crucial links to get the correct sentencing result.According to the internal logic of the trial cases of surrender in Qing Dynasty,this paper first examines the criminal situation,the constitution,the content of surrender and the special surrender of the convicted person.At the same time,on the basis of the trial process of the criminal officials in the case,the sentencing method of the surrender case is analyzed,that is,the official trial surrender case is not discretionary,but according to the provisions of the law strictly according to the law.However,due to the complexity and variety of the case of surrender,when the circumstances of the case and surrender law provisions do not match,the judicial officer will also be through the law interpretation,invoking the case,etc.Method to find the most suitable legal basis to achieve lenient and moderate punishment;however,in the legal text or case disputes or gaps,the final discretion is still in the hands of the imperial power,the Ministry of torture will be based on the imperial orders to create the law according to the circumstances to make up for the legal gap.In a word,in the whole trial process,the Qing Dynasty officials always pursued the most reasonable way to realize the punishment in accordance with the crime on the basis of correctly determining the facts of the case.In addition,under the control of the imperial power,this paper also concludes that the Qing Dynasty's voluntary punishment under the control of the imperial power,while severely punishing the vicious crime,while carrying out the Confucian spirit of benevolence,but also shows that when the interests of the family and the needs of state rule conflict,the obligation of kinship must give way to the distinct characteristics of the law.In general,the surrender system of the Qing Dynasty is quite different from the modern one in terms of the conditions of surrender and the subject of surrender.