W. Allyn Rickett’s scientific contributions

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Publications (1)


Voluntary Surrender and Confession in Chinese Law: The Problem of Continuity
  • Article

August 1971

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37 Reads

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12 Citations

The Journal of Asian Studies

W. Allyn Rickett

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 remsision of punishment. Offenders who physically harmed their victims or offended against die 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 1930's, 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.

Citations (1)


... 1046-771 BC), a compilation of ancient Chinese history, which has the statement that offenders who have voluntarily surrendered shall not be sentenced to the capital penalty even though they have committed the most severe crimes (ji dao ji jue gu; shi nai bu ke sha) (Li & Jin, 2010). However, the statement was more regarded as the origin of "voluntary surrender" (zi shou) in modern Chinese laws (Yang, 2015), which was different from but always mixed with the "voluntary confession" (tan bai) contained in the "leniency to those who confess" (Rickett, 1971). More documents date the voluntary confession's prototype back to the Tang Dynasty (618-907) when the voluntary confession system appeared as an extension and refinement of the voluntary surrender system. ...

Reference:

Obligation or Right? A Historical Comparison of the Criminal Confession System between China and the USA
Voluntary Surrender and Confession in Chinese Law: The Problem of Continuity
  • Citing Article
  • August 1971

The Journal of Asian Studies