唐代自首制度与我国现行刑法自首制度比较研究.pdfVIP

天 津 师 范 大 学 法律 硕 士 (JM ) 研 究 生 学 位 论 文 A b str a c t T h e system of surrender, as an im portant system of crim inal law discretion, p lays a sign ificant role in estab lish ing, perfecting, h elp ing the crim inals to repent, refu sing the evil from good, redu cing th e cost of ju stice, im prov ing judicial efficiency an d h elp ing ach ieve th e purpose of the crim inal law . T he system of surrender has a long h istory in ancient C h ina. A s early as the W estern Z hou D ynasty, the system of surrender had been outstan ding. In the Q in and H an D ynasties, the system had its basic form , and in the T ang D ynasty, w ith the developm ent of society and econom y and th e progress in leg islation, legislators sum m arized th e ach ievem ents of voluntary surrender m ade b y previou s generation, and com b ined w ith th e background at the tim e, m ak ing the related prov isions of m ore detailed and com p lete. T he T ang D ynasty w as also a typ ical represen tative of C h in a’s feu dal society. A fter th e T ang D ynasty, b ased on the law of th e T ang D ynasty, the system of surrender m ade great developm ent and breakthrough s. U ntil today, the voluntary surrender of the current crim inal law system is still in extricab ly link ed w ith the system of T ang D ynasty. A lthough th e tw o surrendered to th e m ain body surrendered to th e object, and surrendered to th e crim inal resp on sib ility in m any different aspects, surrendered th e princip le prov ision s, su ch as th e m ain body surrendered in the principle of tim e surrendered to the crim e is not issued basis， etc., these areas h ave som eth ing in com m on . In th e curren t system of crim inal law , it is not difficu lt to capture th e shadow of th e T ang D ynasty, surren dered to the system . T h e ex isting crim inal law related to the system