On The Identification And Improvement Of China's Surrender

The system of voluntary surrender has a long history in China, it began to budfrom the slave society, and experienced a long historical period from the generation toa mature. Now the content of the system is already very rich, and the system is verycomprehensive. With the development of modern criminal law theory, the system ofvoluntary surrender reflects the timeless vitality. The system of voluntary surrender tojustice is an important system of penalty judgment in China's criminal law, which isalso a reflection of the combining leniency with rigidity in the criminal law, playingan active role in encouraging the criminal suspect to surrender, saving judicialresources and improving the work efficiency. On the basis of comprehensive learningand absorbing the theory of criminal law and the judiciary's practical experience, theexisting criminal law which is amended in1997clearly defined the concept ofsurrender. After that, Supreme People's Court and Supreme People's Procuratoratepromulgate the relevant judicial interpretations; further improve china's voluntarysurrender. With the continuous development of society and the continuous emergenceof new problems in the judicial practice, the defects of legislation provisions expose.The identification of surrender is an important element of the voluntary surrender, onthe one hand, in the theoretical circle many controversies about the identification ofsurrender still exists, and on the other hand, it is very complex in judicial practice,often there are more controversies in specific grasp. In this paper, by analyzing anddiscussing the conditions of the identification of surrender, the author explains theproblems of the identification that exist in the judicial practice, and makesrecommendations for the improvement of China's voluntary surrender.The paper is divided into four parts.The first part is the identification of general voluntary surrender. This papershows the problems in general voluntary surrender through two cases, and leads to themain issues to be discussed below. This chapter is divided into two sections; the firstsection deeply discusses the "voluntary surrender" mainly from the four aspects: time, objects, methods, motives, and interprets the problems in the judicial practice withcases. Section two identifies "truthfully confess their crimes" from the two aspects ofthe "truthful statement" and "their crimes".The second part is the identification of quasi-surrender. The author analyzes theconditions of quasi-surrender from the two aspects of subject elements and objectiveelements. This article focuses on the main range of quasi-surrender, mainly from thestudies of "the judiciary","has not yet mastered", and "other crimes", and putsforward my own views.The third part is the identification of special surrender. In this section, the authorintroduces the relevant provisions of special surrender in China. This chapter analysesthe difference in special surrender, ordinary surrender and quasi-surrender, andresearches the identification of special surrender from subject conditions, timeconditions and behavior conditions.The fourth part is the recommendations on improving the legislation of China'svoluntary surrender. In the process of discussing the identification of surrender, theinadequacies of our surrender system are found, and the author puts forward relevantlegislative proposals, like expanding the extension of special surrender, adding civilaction surrender, improving the legislation of surrender in company.