Analysis on Rational Correction of Application Scope of Voluntary Surrender System in China

In the practice of voluntary surrender system in China, especially in cases of residual voluntary surrender, voluntary surrender system will be apparently invalid if the suspect brought to justice mistakenly thinks his or her behavior constitutes a crime due to wrong legal understanding and then confesses it, while such a crime is only an infringement act of legal interest in accordance with objective elements of the crime. It can also be concluded that such special cases are not applicable to confession and even merit system. Based on the different perspectives of utilitarianism, labeling theory, and legal economics, the negative impact of the above-mentioned defects can be seen. And not only that, it also reflects that it is reasonable to correct the application scope of voluntary surrender system.