The Confirmation of "Voluntarily Give Oneself up to Justice":On the Nature of Surrender

Surrender in China's criminal law is an important system for criminal penalty,the essence of which is not penance but the criminal suspects who take the initiative to surrender after the delivery of state prosecution,so that crime can be detected and timely brought to trial.In practice the difficulty of confirmation of surrender primarily focuses on the confirmation of voluntarily surrender.This paper which combines the spirit of legislation and the essence of surrender mainly discusses the time of voluntary surrender,the initiative and other issues of judicial practice.