Weakening And Conscience Utilitarian Return

The Meritorious Performance system is an important penalty system of the China Criminal Law.As a statutory sentencing, the Meritorious Performance system have a significant impact on the guilt and punishment of criminals should bear.At present, the real and effectiveness is the sole criterion for finding merit. But with the development of the judicial practice, this single requirement makes the system more defects and one-sided. Determine with the conscience of principles based on the subjective of repentance standard and the humility principle based on effective and objective standards of both the double evaluation system is the first priority right now. Effective and objective standards as basic standards, the subjective of repentance standard as a supplement and constraints, the two standards complement each other taking into account the balance promoted by, in order to better play the positive role of the merit system.