1、 1 Voluntary Surrender and Confession in Chinese law A unique feature of traditional Chinese law was the provision by statute that an offender who voluntarily surrendered and confessed before discovery and who made full restitution was entitled to remission of punishment. Offenders who physically ha
2、rmed their victims or offended against the state itself by commiting treason or escaping across borders were not entitled to remission, but could receive a reduction of punishment. Under the Republic this provision, known as tzu-shou, was continued in name but materially changed in substance under t
3、he influence of Western law as introduced through Japan. In general, the rewards for voluntary surrender and confession were reduced to mere reduction of punishment, but the scope was broadened to include crimes such as homicide, for which restitution was impossible. When the Chinese Communists firs
4、t began developing a legal system in the 1930s, they too adopted tzu-shou. However, under them it became primarily an instrument of political control and social and ideological reform. It has remained an important aspect of Communist law even to the present though its application has ceased to have
5、any strict legal significance. China surrendered to the implementation of the principle of relative leniency, surrendered to the principle of mitigation factors, but in individual cases can not be treated with leniency. Whether leniency from the judge, in accordance with the circumstances of the cas
6、e in accordance with the law of discretion. 7, paragraph 2 provides that: For the criminals surrender or mitigation can be lighter, less serious crimes can be exempted from punishment. Surrendered, would be treated with leniency, combining punishment with leniency in the criminal policy of Chinas Cr
7、iminal Law the concrete embodiment. Surrendered to the leniency is in line with Chinas national conditions and an effective legal system, the collapse of differentiation to criminals, to people who committed a crime a rehabilitation opportunity to encourage criminals surrendered the initiative to pr
8、omote done strictly according to his confession, as soon as possible to enable cases detected, the reduction of social harm to the general prevention and special preventive purposes. Classification surrender on the type of theoretical circles have different understanding. Criminal Law according to t
9、he traditional view of the Penal Code section 97 of the 67 provisions of the two surrendered to the binary classification, will be surrendered into two types: those for which the provisions of paragraph 1, surrendered Typical surrendered or said, surrendered after the crime, truthful testimony of hi
10、s crime, surrendered to the other provisions of paragraph 2 of that article to the surrender of the MS crime, surrendered, measures have been taken against the criminal suspects and defendants, and are serving sentences of criminals, the judiciary has not been truthful statements I have the other cr
11、imes, to surrender on. “On the provisions of paragraph 2, surrendered type Criminal Law also called quasi-surrendered. Surrendered on the types of binary systems division, from the formal point of view it seems that the Criminal Code with China on the surrender of the legislative system in line conf
12、iguration mode, but in essence, it is fundamentally incompatible. Although such a dichotomy can reflect on the 1997 Penal Code section 67 of the contents of two different sexual concerns, it simply does not note that the other side of the problem: the system is not only surrendered in the general pr
13、ovisions exist, but also exist in 2 sub； not apply there surrendered the universality of all criminal system, and there are still individual criminal apply special surrendered system, the aforementioned understanding is one-sided. Surrendered on the type of theoretical circles have different underst
14、anding. According to the traditional view of the Penal Code section Classification surrendered 97 of the 67 provisions of the two surrendered to the binary classification, will be surrendered into two types: those for which the provisions of paragraph 1, surrendered Typical surrendered or said, surr
15、endered after the crime, truthful testimony of his crime, surrendered to the other provisions of paragraph 2 of that article to the surrender of the MS crime, surrendered, measures have been taken against the criminal suspects and defendants, and are serving sentences of criminals, the judiciary has
16、 not been truthful statements I have the other crimes, to surrender on. On the provisions of paragraph 2, surrendered type al Criminal Law so called quasi-surrendered. Surrendered on the types of binary systems division, from the formal point of view it seems that the Criminal Code with China on the
17、 surrender of the legislative system in line configuration mode, but in essence, it is fundamentally incompatible. Although such a dichotomy can reflect on the 1997 Penal Code section 67 of the contents of two different sexual concerns, it simply does not note that the other side of the problem: the
18、 system is not only surrendered in the general provisions exist, but also exist in sub； not apply there surrendered the universality of all criminal system, and there are still individual criminal apply special surrendered system, the aforementioned understanding is one-sided. Surrendered on the con
19、cept and the establishment of conditions Criminal Law article 67, paragraph 1 has been defined surrendered after the crime, truthful testimony of his crime, is surrendered. However, many scholars believe that, even with the third condition is that the review and acceptance Magistrate. Hold this view
20、 of the many scholars found scattered in a variety of reasons either. While the voluntary surrender of a variety of motives, and some have no place to hide wanted by the judiciary and surrendered, and some victims were afraid of retaliation against or associates and surrendered, and some suspects ou
21、t of sincere repentance, and some of the majesty of the law out of fear, some to seek clemency, and some escaped life unfunded, and some advice and awakened by friends and relatives, etc. . Surrendered different motives but does not affect the composition of the voluntary surrender of the suspects w
22、ho surrendered after, we must also truthfully confess their crimes, it is enough to prove that with the expression of penitence for the Judiciary prosecuted the crime they provide an objective basis, to the successful prosecution carried out. Therefore, truthfully confess Surrendered criminal acts a
23、re an important condition for the establishment, but also the essential characteristic of surrender. Of course, a small number of scholars: The provisions of the Penal Code in 1997 surrendered to set up the conditions: (1) surrendered； (2) truthfully confessed her crimes during her. Practice of crim
24、inal law in 1979 by the master of the establishment of conditions for surrender: (1) surrendered； (2) during the period of his crime truthfully, (3) to review and referees. If criminals not surrendered as a condition that would mean the legal again under review, a magistrate re-established as a prer
25、equisite for surrender. As previously mentioned, is the 1997 Penal Code in 1979 to make up for the lack of criminal law to avoid Practice may arise in some bad practices, surrendered before the establishment of 3 conditions from three to two. At the same time, the Supreme Peoples Court for dealing w
26、ith specific surrender and meritorious application of the law on the Internet, Although there is no will be reviewed and the judges as a condition of surrender, but in the interpretation of provisions in Article 1 of the criminal suspects surrendered and truthfully confessed her crimes during her la
27、ter, and can not be identified as surrender, but in the first instance verdict before statements can truthfully, It should be identified as surrender. Objective has been to review and accept the establishment of a magistrate as the third surrendered conditions. In the implementation of the interpret
28、ation of the practice of criminals also excuse for acts of nature is also identified as a magistrate not to accept review and, to that end, in 2004 the Supreme Peoples Court issued the behavior on the nature of the accused to justify the impact of the establishment of surrender the letter . Accordin
29、g to the first paragraph of Article 67 of the Penal Code and the Supreme Peoples Court for dealing with specific surrender and meritorious application of the law on the Internet, the provisions of Article 1, surrendered after the crime, their statements accurately crime is surrendered. Accused excus
30、e for acts of nature does not affect the establishment of surrender. The establishment of Chinas Criminal Law surrendered the significance of the system .Surrendered system in the world today in many countries have provided in the Criminal Code. In our country, this system is a long history. China a
31、lone-law since the first divisions, with the exception of the crimes. Tang law all the crime and not surrendered, the original incrimination. Sociology, criminal psychology research results show that the perpetrator in the act of the crime, would have the psychological complexity, and corresponding
32、to, and will have different behavior, the most important of their misdemeanours, though, because the first felony, for their crimes.Since the founding of New China, has consistently taken the surrender of criminals leniency principle. After the founding of the first of the Penal Code, the Penal Code
33、 in 1979 that formally established on the surrender system, the first 63 of the Act specifically states that: surrendered after the crime, his punishment, among them, a lesser crime, can be reduced or be exempted from punishment heavier crime, if meritorious performances, can reduce or waive penalti
34、es. Provision of the establishment of Chinas surrender marked the formal establishment of the system. After several changes to the system until today surrendered. As Chinas an important penalty discretionary system, in the judicial practice of the facts of the timely identification and differentiati
35、on collapse of criminals has played an important role. In particular, the provisions in the Penal Code surrendered system has the following five aspects of the significance. Contribute to the punishment with leniency in conjunction with the criminal policy implementation Combining punishment with le
36、niency criminal policy of the content of specific performance: Frankly leniency, and resist the strict, merit discount crime legislation won great merits reward. Chinas criminal law as a guide, has developed a package of the penal system, such as recidivism from the weight, a lighter, and so surrendered. Therefore, surrendered to Chinas Criminal Law as a lighter penalty system to be provided, and to ensure its national mandatory implementation will promote combining punishment with leniency criminal policy implementation to the same in the
