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On The Merit System

Posted on:2008-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:S K LiFull Text:PDF
GTID:2206360215960577Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Meritorious Performance system is one importance part in the our country penalty system , its theories are very important to apply it exactly , to attain aim of maintaining nation social order, to guarantee meritorious person's deserved right and achieve the win-win situation for both meritorious person and nation, so it is very necessary for applying and perfecting Meritorious Performance system to study its theories further and practice the analysis of problem to some difficulties on this foundation. This article besides the introduction , altogether is divided into five parts :First part, the history and the present of Meritorious Performance system in China and other countries. To learn the development and the prensent condition of Meritorious Performance system in China and other countries is beneficial for undersanding and perfecting our country's Meritorious Performance system. This article introduced Chinese and Foreign the history development and present conditions of Meritorious Performance system, which provide the broad history background and other system comparison to it for next partSecond part. The law theory discussion and analysis of the modern Meritorious Performance system. This part point out firstly criminal policy meaning of Meritorious Performance system, then to elaborate the theories foundation of Meritorious Performance system lie in the utilitarianism thought,and explaining the essence of Meritorious Performance system to should be an utilitarianism on fair foundation finally, which show legal meaning of Meritorious Performance system and its pursuit valuesThird part. The constitution analysis of Meritorious Performance system in China. This part express firstly the core concept of Meritorious Performance system - the definition of Meritorious Performance and then define the concept of Meritorious Performance system in brief, then combined the penal code and related judicatory to explain to discuss four establish the important item of Meritorious Performance system. Analyzing the simplicity Meritorious Performance system and related judicatories to explain the provision various the expressional norm to affirm, carrying on the simple classification towards Meritorious Performance system. Then according to the legislative constitution and related explaination , to introduce the behavior person's criminal punishmen for their meritorious performance .Fouth part. Some special problems for affirmation in Meritorious Performance system. This part mainly discussed the judicatory practice medium a few difficulties meritorious performance the behavior to affirm, such as affirmation of meritorious performace in the common crime etc, which provide the theories support for the practice .Fifth part. The defects of our Meritorious Performance system and it perfection . This part elaborated the legislative and judicial defects in our Meritorious Performance system , which the point is the procedure defects in the affirmation of meritorious performace in its judicial application, then provide with concept of perfecting Meritorious Performance system from both legislation and judicatory...
Keywords/Search Tags:Meritorious Performance system, standardization, affirmation, perfection
PDF Full Text Request
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