The Theory And Practice Of China's Merit System

In the field of our criminal theory, little have scholar systematically studied and deeply analyzed the Meritorious Performance system. This article reexamines Meritorious Performance system from the angle of criminal policy and gives a comprehensive discussion and analysis about its theory and practice. It approximately has forty thousand words and can be divided in following seven parts:Part One: The Definition of the Meritorious Performance system. This article firstly analyzes some opinions about the Meritorious Performance system and then defines it according to on our criminal policy of"Meritorious Performance results in reward". Based on this definition, the author divides the Meritorious Performance system into several classes and thus clearly constructs the Meritorious Performance system which is formed by several concrete one.Part Two: The Historical Evolution of Meritorious Performance system. This article inspects the evolution of the Meritorious Performance system in our modern criminal law based on the arrangement of all possible relative materials. The author maintains that the direction of the Meritorious Performance system of our country is: from appertain to independence; expanding of content; broadening of the elements ;tolerance of punishment.Part Three: The Theoretical Foundation of the Meritorious Performance system. The author analyzes the concept,characteristics,essence and constitution of the Meritorious Performance system in this part. Firstly, the author defines the core concept of the Meritorious Performance system–Meritorious Performance. Secondly, it maintains that the essence of the Meritorious Performance is the unity of the effectiveness for the society,the benefit for the judicial department and the regret of the actor. In this way it provides a primary theoretical base for the following discussions. Finally, the author discusses some controversial topics such as the constitution of Meritorious Performance.Part Four: The Value Constitution of the Meritorious Performance system. The author begins its discussion with two fundamental judicial value-fairness and efficiency. It points out that the fairness in essence and the equality in form constitutes two basic lines of the system. Through the comparison between the cost and effect, the author maintains that this system has less cost,more benefit and high efficiency.Part Five: The Constitution of Meritorious Performance system. Firstly the author states the specific condition of five meritorious performance. Secondly, this article mainly discusses three controversial issues :the disclosure of other's illegal action,the cooperation with the legal department to arrest the suspect and the prevention of other's illegal action .Part Six: The Proper Application of the Meritorious Performance system. On the one hand, the author differentiates six usual meritorious performance in order to affirm the meritorious performance properly. On the other hand, it classifies the ways concerning how to diminish the penalty of the meritorious performer from the angle of theoretical foundation,applying condition and practical operation.Part Seven: The Perfection of the Meritorious Performance system. After the summary of the characteristics of the Meritorious Performance system in the Criminal Law of our country, the author points out the shortcomings in our meritorious performance system, and put forward some suggestion to perfect it accordingly.