Research On The Judicial Application Of Render Meritorious Service System

Our "render meritorious service system" is the "receive awards after rendering meritorious service" criminal policy’s embodiment in criminal legislation and it is also the concretization, institutionalization and legalization of the receive awards after rendering meritorious service criminal policy. The existence of render meritorious service system has its far-reaching theoretical origins and practical need. It plays a very important role in judicial application process. It is also a double-edged sword, if be applied properly, it will realize the win-win between our state and the contributor; if not, it will cause the conflict of the case, and influence justice and authority of jurisdiction. Therefore, it is very urgent and necessary to carry out a deep and systematic study against the render meritorious service system.This paper adopts the methods by progressive layers,bases on the Criminal Law of The People’s Republic of China(1997) and its judicial interpretation, reexamines Meritorious Performance System from a new angle,states and analyzes comprehensive-ly its theoretical and practical problems in order to have a more profound and scientific knowledge of the Meritorious Performance system.The article discusses the summary of the Meritorious Performance system,which think that the time period should start from the crime and end with the completion of the criminal punishment and the essence of the render meritorious service is the utilitarian behavior which established on the basis of justice."Render meritorious service" must include four elements:major condition, time factor, conduct element and substantive element. And this offer theory for the expansion of the proposion.The article carried out a detailed and deep discussion against the application of the "render meritorious service" mainly from four parts:the cognizance of the render meritorious service of accuse and expose, the cognizance of the render meritorious service of assistant arrest, the cognizance of the render meritorious service of joint crime and the cognizance of the render meritorious service of unit crime.The article research and explored the principle of lenient punishment of render meritorious service, the execution of lenient punishment of render meritorious service and the lenient punishment problems during multiple crimes and the unit crimes, which mainly discussed from four parts according the juridical practice.And thought over the existent render meritorious service system and puts forward its own perfection suggestions. Facing the two defects of the existent render meritorious service system in legislative and judicial aspects, the author puts forward his own perfection suggestions accordingly. In legislation aspect, the author thought that we should do our efforts to improve it by filling the existent legislation, amending the current legislation, and properly arraying the legislation. In judicial aspects, the author thought we should perfect it by completing render meritorious service system and the argument system in judicial judgment and establish some supporting measures accordingly.