Research Of Criminal’s Penitence Reward System

Penitence reward means that for those criminals who are willing to voluntarily take some positive actions that is encouraged and accepted by law, such as forfeiting a crime, surrendering to court, confessing the criminal details and making up do the caused damage, they deserve to receive some judicial award or mitigation in return. These awards or rewards are interconnected in an integrated logical system, which is the so-called penitence reward system. At present, all kinds of rewards that comprise the system are scattered in different laws, regulations, and judicial interpretations, each of which has their own principles, so the only way to understand their inter-relationship, intrinsic spirit, mutual difference is to unify the reward system from a macroscopic perspective. Therefore, this article aims to provide a systematic research of penitence reward. First of all, it will provide the definition and scope of penitence reward. Then, it will analyze the basis and significance of the reward system from the perspective of philosophy, economics, sociology and criminal policy. Finally, it will tease apart the keep elements in the system so as to discover the potential problems, and provide perfection method from the aspect of the cause and the rewarding item. On one hand, it legalizes the process of reward discretion, centralize the discrete reward causes, and generalize some specific reward items. On the other hand, it unifies the judging standards, coordinates and refines the level of rewarding. Through all the inspections towards penitence reward mentioned above, hopefully this article could provide some help for perfecting researches of judicial theory and directing juridical practice.