Analysis On Meritorious Performance System

Meritorious performance system is a very important system of punishment. It’s a pioneering work in our criminal law field. Meritorious performance system has significant meaning in uncovering cases, smashing crime group, fighting and transforming criminals. However, the status is that in China the relevant provisions on this content is little and simple. Judicial circles hold different views about rendering meritorious services. So how to confirm a meritorious service is very important. This essay is based on the basic theory in this field. Together with introduction of judicial interpretation and certain cases, I tried with all my efforts to give some amendments to make perfect the current system and guide the judicial practice. I hope these suggestions will give instructions in judicial practice and bring forth theoretical innovation.This essay is divided into three parts. The first part is about the basic theory in this field. I introduced the definition and characters of meritorious service. The innate character of meritorious service is utilitarianism rather than repentance. So we can’t see repentance as the essence of meritorious service. Meritorious performance system is useful for fighting criminality and the reform of criminals. The change from severe-penalty doctrine to light imprisonment is also of great significance which would supply much theory for the confirmation of meritorious services. This part also supplied basic theory for the confirmation of meritorious service in practice.The second part made further analysis about the confirmation of meritorious service. Based on judicial interpretation, I summarized the basic principles, common form about meritorious service. I made analysis and contrast about differences between significant meritorious service and common meritorious service, differences between meritorious services and confession or honest. I also analyzed the confirmation of meritorious service in special cases, such as joint crime, unit crime, helpful meritorious. In the end of this part, I offered my own point of view on how to appropriately define meritorious service in juridical practice. The last part is about the remaining problems in our current meritorious performance system. Such as, in this system we don’t have a clear definition of the criminal subject. We don’t clearly state the main law executer. Further more we don’t have supporting system and so on. In this part I tried with all my efforts to give some amendments. I hope these suggestions will give instructions in judicial practice and bring forth theoretical innovation.