Tang Law System And It's Modern Signicance Of The Surrender

China's surrender system, early is recorded in the Western Zhou period, "chancery ? Kang Patent" in. After a long development, in the Qin dynasty period, a number of voluntary surrender has been completed. The legal system in the Qin Dynasty, the surrender is called "self-sue" "self check-out" and so on. The Qin Dynasty "legal question" in a reference to "self-sue" in penalties, surrendered to the Han system of inheritance law on the basis of the Qin Dynasty, with a certain development. According to the Han law, criminals surrender can be reduced or exempted from punishment. To the Wei, Jin and Southern and Northern Dynasties surrendered to the provisions of the law is basically not much change, still surrendered to the sentence as a relief plot, but the name will be "self-out" to "surrender" to "self-sue" to "surrender." In the Tang law, the right system requires the most surrendered Xiang prepared concrete. Surrender the subject, time, location, prohibitions, etc., "Tang Code," there is clearly defined.Surrendered to the system established by the Tang Dynasty Ideological Origins of the background: Confucian in the law, and social reality: the early Tang dynasty depressed socio-economic, legislative techniques: the former on behalf of the legislation of developed technology and legal studies. Tang law system, detailed in the surrender, surrender the principle that: Crime is not fat but turned himself in, the original severity of the offense; surrendered to the main body is generally the perpetrator, it can be another person; surrendered to time primarily in the "crime does not issue", but also provides some special time of surrender; surrendered to the way diverse, it is worth learning in modern criminal law; surrendered to the location of the provisions of his official place of the scope of the modern surrender big. Tang law also provides for the prohibition of the case of surrender "of its human injury compensation in the material can not be prepared, that the incident flight, if the greater degree of customs and adultery, and private learning astronomy were not included in the surrender of the cases."Modern surrender surrendered to the system compared to the system in the Tang Dynasty, due to legislative technology, social needs, such as the different spirit of the law, resulting in many respects, the requirements differ. Of modern criminal law has surrendered to the "general surrender" and the "special voluntary surrender," two forms, the main distinction between the two to see what state the offender turned himself in, if it is compulsory measures being taken to take the initiative to account for their acts, and identified as "Special surrender. " Not to take coercive measures, the voluntary surrender of truthful testimony, the establishment of the "general surrender." The composition of the general surrender conditions are two: the voluntary surrender of truthful testimony. Is the voluntary surrender of criminals after the crime in a given period of time, take the initiative to the relevant authorities or individuals truthfully confessed his crime. Truthful testimony is: take the initiative to go after the perpetrators of crime truthfully state organs accountable to their main corpus delicti. In particular the provisions of surrender: The coercive measures of criminal suspects, defendants and offenders have been handed down, truthful testimony of other crimes, the judiciary has not yet mastered in order to surrender on the. Voluntarily surrendered they can also be combined with the meritorious circumstances. Surrendered at the same time in the surrender, as well as meritorious circumstances, the law permits lenient punishment. After the surrender of the perpetrators has rendered meritorious services in general, the subject of criminal liability is "can be lighter or mitigated punishment." Only in surrender with the combination of great merit, obtain an absolute reduction of sentence. Combination of these two kinds of sentencing circumstances, encourage the offender to actively go to surrender, and take the initiative back to society, make amends before.Although when compared with the Tang Code, modern surrendered system more scientific and rational, Tang law provisions on the surrender of the system, there are still many places worth learning from. Tang Code provisions identified voluntarily surrendered themselves, it is necessary to take into account the subjective aspects of those who surrendered, but also take into account the objective aspect of voluntary surrender. Modern criminal law, mainly from those who turned himself in action to identify the objective, a bit biased. Tang law stipulated surrender in different ways, modern methods seem surrendered a single, Tang law provisions can learn to expand the surrender mode. Modern surrender system does not include "Suro", but the system still has solid foundation in reality, the introduction of the system can be resolved in judicial practice on the type of property crime problem. Adoption of modern criminal law and the Tang on the surrender of the system comparison, helps us understand the essential meaning of surrender, surrender of the system in practice to promote a better use.