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The Research On Our Criminal Meritorious Performance System

Posted on:2008-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ZhouFull Text:PDF
GTID:2166360215979911Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The establishment of the Meritorious Performance System is a great achievement that we have acquired in our criminal law. And it is also a great progress in our criminal legislation. Because of the simplicity of the articles of law ,the field of our criminal theory has some misunderstandings about Meritorious Performance System .And little have scholars systematically studied and deeply analyzed it .This article begins with the historical evolution of Meritorious Performance System , bases on the Criminal Law of The People's Republic of China (1997) and its judicial interpretation ,reexamines Meritorious Performance System from a new angle , states and analyzes comprehensively its theoretical and practical problems ,and give some advice on how to improve it .This article ,about fifty thousand words ,consist of five parts .Part One. Summary of the Meritorious Performance System. Review Meritorious Performance System from a lengthways angle, interpret the rules of the evolution of Meritorious Performance System, explain the necessity and significance of the Meritorious Performance System.Part Two. The foundational theory of the Meritorious Performance System. Firstly, this article restricts the core category of Meritorious Performance System-Meritorious Performance. Then ,it interpret the concept, constitution, nature and classification of Meritorious performance system. And it provides a primary theoretical base for developing the topic.Part Three. The contrastive research of the Meritorious Performance System of contrasting internal and external legislation .The article contrasts internal and external legislation of the Meritorious Performance System with legislative mode , systematical scope and theoretical premise ,and interpret the characteristic of the Meritorious Performance System in China.Part Four. The judicial application of the Meritorious Performance System. Firstly this article differentiates this system and other relative systems. It also states the difficulties in recognizing Meritorious Performance in different cases, give solutions to these cases, and then enhance the maneuverability in judicial practice.Part Five. The appraisement and improvement of the Meritorious Performance System. Based on the comprehensive research of the Meritorious Performance System, the article appraises the Meritorious Performance System in China, affirms its rationality, point out its deficiency, and put forward advice on how to improve it.
Keywords/Search Tags:Meritorious Performance, Meritorious Performance System, judicial cognizance, legislative improvement
PDF Full Text Request
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