Meritorious Service Of A Number Of Issues

Observing system is the provisions of the criminal law on the crime of criminal court rendered meritorious service after a penalty system of punishment in cracking the case, timely, collapse, crime, criminal saves judicial resources and enhance the judicial efficiency, maintaining social stability plays an important role, etc. This paper tries to research the special service system is that the service system of punishment discretion. Although our country criminal law and the relevant judicial interpretations of observing situation, but made specific provision by the complexity and diversity of the judicial practice, new problems emerge in endlessly, the judicial organs in the same behavior is a service to make the different effects, the judicial justice, violated the lawful rights and interests of the criminal. This will center around the main conditions of observing condition, behavior, and the effectiveness of condition of department of judicial practice more controversial confess that reactive excluded and research, and put forward its own views, in order to regulate the service that provides some useful exploration. The article is divided into three parts.The first part, the main problem with time excluded. Discussed the meaning of criminals, crime, criminal service units and friends to service the start time of service with the deadline, criminals can be "criminal suspects, defendants, also can be" is a crime but not determined by judicial organs and for criminal suspects ", but not the criminals, ";" Crime units can be of service, Criminals and not to nov.1992, Observing the time of day, began in crime at the effective date of judgment or ruling.The second part, the service behavior problems. Discusses the service behavior specific form and reveal type service and assist in nov.1992 type catch many controversial problems, puts forward the criminals through illegal means or illegal approaches for clues and common crime excluded the criminals exposure joint crime fact she crime same punishment, different crime different punishment and to make one of the other party, exposed the narratee and identify on crime, she shall not constitute the behavior such as service, The interaction between the trouble making reveal fied, such behavior observing others on Monday.The third part, observing validity research. Discusses the effectiveness of the service standard, and confirm the effectiveness of the observing confirm organ dispute problems, this paper puts forward different common of observing behavior have different confirming standard, Excluded by judicial organs as the final confirmation, Due to the "others" has no criminal responsibility or dead, has more than the limitation of prosecution as "other" cause is not final, and shall be prosecuted for criminal responsibility shall be affirmed, exposed others constitute the crime; criminal nov.1992, Judicial organs and originally poor catch can successfully arrest criminals grounds, behavior of assistance shall be affirmed as observing behavior.