【正文】 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, bining punishment with leniency in the criminal policy of China39。s national conditions and an effective legal system, the collapse of differentiation to criminals, to people who mitted a crime a rehabilitation opportunity to encourage criminals surrendered the initiative to promote 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 the 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 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 not been truthful statements I have the other crimes, to surrender on. “On the provisions of paragraph 2, surrendered type Criminal Law also called quasisurrendered. 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 configuration mode, but in essence, it is fundamentally inpatible. 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 provisions 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 onesided. Surrendered on the concept 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 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 out 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 d