Merit Performance System

Meritorious Performance System is a very important Penalty system, our country's criminal code in 1997 to a combination of general and sub-legislative model to be built on the Meritorious Performance System, and expressly provides for its content, elements and penalty clemency amplitude. Meritorious Performance System, the content from the structure to improve the system of discretionary penalties, and in the prevention of crime and dismantling criminal groups, and timely detection of cases, re-education of criminals, saving judicial resources, and so has important significance. Therefore, I believe that further study and improve our Meritorious Performance System, analyze the intrinsic value of nature and their own, has important theoretical significance and practical value.Because the academic holds many lessons for the nature of Meritorious Performance System more controversial, but the practical application of the system in which meritorious also caused a series of problems, which resulted in questioned its value. This article from the following aspects to the analysis of the issue to resolve in the analysis of the plight of the practice of meritorious benefit system.The first chapter in the history of meritorious service development and essential analysis.First, starting from the meritorious service in the history of that Meritorious Performance System is "meritorious alumni" of the criminal policy of the criminal law. As the "meritorious alumni" has obvious utilitarian, so the value of many scholars questioned the academic community, it is of the essence want to start from the Meritorious Performance System, find a way out of its equilibrium value. This article summarizes the nature of the six on the Meritorious Performance System, the main theory, a critical analysis of each of them, is just the nature of merit obtained under the Balance utilitarian doctrine.Chapter II, the value system of meritorious service.Two of a fair and utilitarian value orientation as the starting point, the value of the Meritorious Performance System, structure analysis. That the ontological sense, criminal justice and the value of the target are the relationship between utilitarian justice priorities, both utilitarian. And thus values of Meritorious Performance System have been re-positioning. For meritorious service in the judicial practice of identification, and should insist on the unity of subjective and objective criteria. In this way, taking into account the behavior of social justice and utilitarian value, while taking into account the factor of dangerousness of criminals. Meet the criminal law the principle of which fit guilt and punishment requirements of the principle of unity of subjective and objective, but also conforms to the unity of fairness and utilitarian trend. That only in the process of recognition of meritorious service to add "repentance" of the subjective element to be possible in practice to avoid alienation appears meritorious.Chapter III, Analysis of controversial issues of Meritorious service in Legal Practice.Clues to the sources from the meritorious service, and thinks that crime and then induces another person to expose his crime report and should not be regarded as meritorious; syndicate ringleader under the command and then expose the behavior of crime should not be regarded as meritorious; job-related crimes Meritorious service should be treated differently.Chapter IV,Conclusion.Content in the above analysis, we found that merit is the nature of the system under the fair balance doctrine of Utilitarianism. Only by upholding justice priority, both utilitarian and meritorious service system found in the introduction of "repentance"of the subjective element, the relevant question the Meritorious Performance System and the alienation of the solution can be to some extent.