On The System Of Surrender In Ancient China

The system of surrender is an important penalty discretion system in China's current criminal law,which embodies the criminal policy of leniency.China's surrender system has a long history and a long history.This paper intends to make a comb ingress with the origin and development of the ancient Chinese surrender system,summarizes the general characteristics of the ancient Chinese surrender system,and compares it with the current surrender system.On the basis of the comparative analysis of the two,we can find some reference to the existing system of the ancient surrender system in our country,and provide feasible reference opinions for the development and perfection of the current surrender system in our country.According to the historical documents that can be verified,China's surrender system originated in the Western Zhou period and was determined in the Qin and Han periods.According to the legislative and judicial experience of the previous dynasties,the system of surrender was refined and perfected in the Tang Dynasty.Since then,the system of surrender has officially become a more complete system.The Song Dynasty,Ming Dynasty and Qing Dynasty basically inherited the system of surrender in Tang Law,and at the same time developed and perfected the system of surrender according to the needs of their own rule and the development of society.Through the summary of the system of surrender in the ancient Chinese dynasties,the ancient Chinese surrender system has the characteristics of specifying detail,emphasizing the light behavior of thought,and emphasizing the combination of etiquette law.The modern surrender system is closely related to the ancient surrender system,and through the comparison between the ancient Chinese surrender system and the current surrender system in China,we can find that: China's modern surrender system has evolved from the ancient system of surrender,and the system of surrender in China's current criminal law inherits and develops the ancient surrender system.The surrender system in China's current criminal law inherits the essence of the ancient Chinese surrender system,and forms a new surrender system with Chinese characteristics according to the needs of the times and into the idea of modern criminal law.In addition to fighting crime and maintaining social order and stability,the formulation of ancient Chinese laws is mainly in order to safeguard the class interests of feudal rulers,so the ancient Chinese surrender system has a strong feudal society class and theancient Chinese feudal society's distinct limitations of the times.However,it cannot be considered on this basis that the ancient Chinese surrender system has no reference to China's current surrender system,and the ancient Chinese surrender system still has a very important reference significance for China's current surrender system.Although the provisions of the current criminal law of our country on the system of surrender have been quite rich and specific,but there are still shortcomings,there is room for further improvement.It can absorb and learn from the provisions of the China ancient surrender system,such as the way of surrender and the system of first exposure,which are more scientific and conform to the actual national conditions and social status in China.