Researches On The Problems Of The Voluntary Surrender

Voluntary surrender system is one of the essential measurement of penalty systems, and one of the important plots in according leninent punishment formulated in the criminal law. It has the vital significance in the fundamental research and judicial practice. In this article, the author intends to analyze some related issues in the pratise, according to the legislation of the voluntary surrender system.The author gradually discusses the concept and nature of the voluntary surrender and analyzes the value of the voluntary surrender system. Simultaneously, the author emphasizes on the forming conditions and judicial practice of the voluntary surrender. Forthmore, the author expounds to the basis and suitable aspects of the lenient punishment of the voluntary surrender criminal.According to the provisions on the voluntary surrender in the criminal law, the establishment conditions of voluntary surrender, quasi-voluntary surrender and special-voluntary surrender have differences respectively. As for the voluntary surrender, the author holds that "surrender oneself to justice" and "confess truthfully" consist of the acceptance of adjudication and justice.While, as for the quasi-voluntary surrender, there is no "surrender oneself to justice'but its establishment needs the confession of "myself other crimes which were not grasped by the judicial organs". The special- voluntary surrender is only suitable to the three specific crimes, and has its special conditions of time and confession.It is difficult to recognize practically the voluntary surrenders.The author notonly elaborate on recognizing voluntary surrender in the common crime, the number crime , the error crime and the unit crime , but also analyze the establishment of voluntary surrender in the "double gauge, two figures"period and have own views.