法学专业外文翻译6.docVIP

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 harmed 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 the 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 first 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 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 case 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 Criminal 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 commi