A Study On The Sentencing Of Voluntary Surrender Case From "Xing’ Bu Bi Zhao Jiajian Cheng An"

The system of voluntary surrender in ancient China was quite perfect in the Qing Dynasty.From the perspective of the law itself,the surrender system in the Qing Dynasty basically copied the law of the Ming Dynasty,and the contents of the regulations were constantly supplemented and improved in response to the changes of the times.The improvement of the voluntary surrender system in the Qing Dynasty still can not rule out the case formed by the addition and subtraction of punishment.In the Qing Dynasty,the Ministry of sentencing referred to the "specific case of sentencing increase and reduction",which became the "standard of sentencing increase and reduction" in the face of other similar cases.Therefore,the study of the case in the Qing Dynasty provides credible and detailed information for understanding the increase and reduction of sentencing and the moderation and severity of punishment in the Qing Dynasty.The academic circles have rich research results on the voluntary surrender system and its application in the Qing Dynasty.This paper studies the 14 types of voluntary surrender cases in the "Ministry of punishment’s comparative addition and subtraction cases",and holds that under the premise of no explicit law,the Ministry of punishment has formed a case in order to coordinate the legal stability and the rationality of sentencing.The formation of voluntary surrender cases can be divided into two categories: one is the circumstances of voluntary surrender without explicit law,which is formed by the Ministry of punishment by comparing the regulations on voluntary surrender to determine the sentencing severity of some crimes;One is the case of whether voluntary surrender is applicable to some crimes not expressly stipulated in the law,which is formed by the Ministry of punishment through the addition and subtraction of sentencing by applying voluntary surrender to the charges in the laws and regulations.This paper studies the legitimacy and rationality of these two types of voluntary surrender cases compared with sentencing,and concludes that when the Ministry of punishment solves the cases that are not expressly stipulated in the law,the first thing is to solve the cases according to the law similar to the case.Only when there are great differences in sentencing addition and subtraction between similar cases,can the sentencing be carried out in a fair and reasonable manner,so as to maintain the stability of the law and the rationality of sentencing.