Research On The Problem Of Meritorious Performance System

The system of meritorious service is a legal system in penalty discretion.It is generally acknowledged that meritorious service has broad sense and narrow sense. Narrowly-defined meritorious service system is one independent penalty system, just like the surrender system, the accumulative offence system, the simultaneous punishment for several offenses system, etc. Broadly-defined meritorious service system includesNot only narrowly-defined meritorious service system, but also that belongs to the penalty system to carry out. Narrowly-defined meritorious service refers to expose others criminal offence, proved to be true; or offer the important clue, thus make the judicial authority track down other cases, etc, and lighten punishment or avoid the system punished to it on the lenient side. The author approve the narrowly-defined meritorious service system.Chapter One gives an Out line of meritorious service system. The system of meritorious service is one peculiar system of Chinese legal system. It is a great creation in the history of Chinese criminal law. The system went thorough a long historical variation process. The author roughly divide this course into three historical stages, namely ancient China, old China and new China; and do some simple display to every stages. First, meritorious service in ancient China can trace back to the question of military prisoner in the ancient times. In the revolutionary war time, "awards for meritorious service", "render meritorious service to lessen one's guilt" is the criminal policy which our party and country persisted for a long time, namely the one that punished with spacious criminal policy that combine together legally. The documents "Talk about policy" and "Explanation in policy of leniency" established the theoretical foundation for meritorious service system. The meritorious service system received further development after the foundation of the state .The Central people's Government announces some specific criminal activity laws and regulations to "award formeritorious service" one after another and have made the explicit stipulation to the question. The more important thing is that, the criminal law in 1979 and 1997 respectively established the system by three provisions and five provisions, have offered the legal basis for the fact of merit. In addition, some other judicial explanation and laws have done relevant explanations and regulations to the system of meritorious seance.Chapter Two talks about the system of meritorious service .The concept of meritorious service is Key of meritorious service study. There are different views in educational circles. The author believe that meritorious service mean crime persons expose other's criminal offence proved to be true to render meritorious service, or offer the important clue, thus can track down other cases, etc, have attribute of assisting judicial authority in judicial authority's work, or other certain behaviors which is favorable to the country and society. The author maintain four important documents theory as the following: Subject document refers the limit of subject, namely the meritorious service must be the crime person subject of. "crime person" here must implemented the social behavior of endangering and already constituted the crime, also the harmful behavior has to take the legalresponsibity legally, as well as the person is already condemned the penalty or carrying out the penalty (including legal person).Time document refers to the time should limit at after crime and before penalty finished. As the plot of measurement of penalty, the deed of merit usually takes place before the judgment or the adjudication. Confirm document requires promptly the content of meritorious sevice should be true, effective and the regulation with a certain amount. The substantive document requires the behavior must be just and beneficial to the country and the society. There are clear and concrete regulation in criminal law and relevant judicial explanation of our country about the substantive content. It has two value ,one is utilitarian and the other is impartiality.Chapter Three talks about Proper application of 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 and then it classified the waysconcerning aboutt how to diminish the penalty of Meritorious performer basing on the present criminal law. Whether according to the stipulations of criminal law and judicial explanation of our country, should give lenient treatment in different situations separately for crime that render meritorious service according to the following:Render general meritorious service, may get a lesser or a mitigated punishment; Render great meritorious service, may lighten or avoid punishment; Surrender and render great meritorious service, should lighten or avoid punishment.Chapter Four talks about the legislation consummation of meritorious system .The criminal law in 1997 has made many significant supplements and revision to the criminal law in 1979. The correlation judicial interpretation to meritorious service also has at some length stipulation, construct the basic frame and system. But the scientific theory or principle research in criminal law educational circle of our country are not thorough, there are a lot of practical problems in judicial practice still cannot effective solution. The system of meritorious service still has some flaws. (mainly shown as the legislative term and legislatedto slip) So the improvement of subject research of the system is a long-term, complicated and arduous system engineering.