A Study On Several Issues About Voluntary Surrender System From The Perspective Of Nature Of Voluntary Surrender System

Surrender system is an important general provisions of the Criminal Law of the leniency system, reflecting the punishment with leniency of criminal policy. Voluntary surrender system has many positive values, embodied in the rehabilitation of the offender repent of incentives, the purpose of the penalty and promoting the judiciary cost savings objectively. This article discuss surrender system from both the theoretical and practical sides. The first part introduces the basic theory of voluntary surrender focusing on its nature and value. Based on the distinction between voluntary surrender and voluntary surrender system, it talks about voluntary surrender system as a whole. And on the assessment of existing theoretical perspectives, the paper insists that the nature of the voluntary surrender system is not utilitarian but a reward system for the offenders repentant behavior from the state who has the right to punish offenders. Finally the static value and dynamic value of voluntary surrender system are discussed. The basic research on voluntary surrender system indicates the basic attitudes and value orientation of the author which has guidance meaning about specific issues. The second part is the reality faced by the general surrendered to the plight of a solution, proposing voluntary surrender should be done on the real explanation. In practice the case of some passive can also be regarded as surrendered, and according to the author's experience in dealing with cases and collection of relevant cases, the paper cites a number of passive surrender to justice as the case. This section also describes the voluntary surrender and truthful statement of the relationship between the truthful statement that the time should make some demands, but should not be too restrictive. The third part of the focuses on the understanding and application launch of "the judiciary has not yet mastered his other crimes". Other crimes that should be included with the type of crimes, judicial interpretation which put restrictions is inappropriate. Extension of the judiciary should refer only to specific cases of judicial process, but the specific case of the judicial process through other judicial notice published an investigation, arrest warrant, etc. Control of the suspect before the crime, the suspect confessed the crime before the establishment of standards of conduct can not be regarded as surrendered. As to the extent of other crimes in the judicial control, the judiciary has to have evidence to prove that the suspects has relations with some crime. Or the suspect's behavior will be identified as quasi-surrender. Part four describes the of the identification of units surrendered to the views of the author. As to the establishments of units surrendered the author claims the three elements which includes representative of unit's will, voluntary surrender, truthful confession. This part also takes the existing judicial interpretation as the basis to discuss the unit surrendered and taken part in crimes committed by units of the natural relationship between surrender. Finally, the paper explains the author's point of view on several issues in unit surrender system.