The Boundary Of Voluntary Surrender And Meritorious

Voluntary Surrender and Meritorious Performance System are the legalization and specification of criminal policy of the Combining Punishment with Leniency of our country, and have been explicitly stipulated in the general provisions of Criminal Law as two specific systems of punishment measurement. But in justice practice, part of judicial officers have not understood the boundaries of Voluntary Surrender and Meritorious Performance System due to the restrain of various factors, and so it arises the disputes and deviation of application of Criminal Law in some specific cases resulting in unfair sentence and damaging judicial authority. Above all, I’d like to think that only to research the substance of Voluntary surrender and lenient punishment of meritorious performance, we can find the boundaries of both and make a distinction,accordingly the value of Voluntary Surrender and Meritorious Performance have been brought into play.To this, this paper shall be divided into three parts to discuss.The first part of is about the raise of problem. In this part, I firstly raise the confusion on application of Voluntary Surrender and Meritorious Performance System in practice from the controversial cases in connection with the identification of Voluntary Surrender and Meritorious Performance in judicial practice, and find the significance of exactly defining and distinguishing Voluntary Surrender and Meritorious Performance. Although Voluntary Surrender and Meritorious Performance are the legal circumstance of lenient punishment, there is the significant difference in system design, application and legal consequence of punishment measurement. Exactly defining and distinguishing Voluntary Surrender and Meritorious Performance, It’s the necessity of implementing criminal policy of the Combining Punishment with Leniency of Party and our country, exactly applying Criminal Law and realizing judicial fairness.The second part is about the substance of lenient punishment of Voluntary Surrender and Meritorious Performance. In this part, I analyze the limit to Voluntary Surrender and Meritorious Performance in Criminal Law and relevant judicial explanation, and conclude the different establishment conditions of Voluntary Surrender and Meritorious Performance. Secondly, it finds the substance of Voluntary Surrender and Meritorious Performance from their theories, historical development and policy basis. Voluntary Surrender embodies the show repentance attitude of the criminal and proves that the personal risk is relatively small and the possibility of crime is low. Simultaneously, it contributes judicial offices to discover and fight crime, and save the judicial cost. Meritorious Performance is in favor of dividing and collapsing the criminal and contributes judicial offices to discover and fight crime in time, and realize the stability of society and save the judicial cost. So it should be lenient punishment.The third part is about the distinction standard and application of Voluntary Surrender and Meritorious Performance. In this part, the substance of lenient punishment of Voluntary Surrender and Meritorious Performance includes the utilitarian principle by comparing the nature of Voluntary Surrender and Meritorious Performance with the substance of its lenient punishment, and it means that Voluntary Surrender and Meritorious Performance contribute judicial office to discover and fight crime and save the judicial cost, and embody the utilitarian principle. The statements of the criminal belongs to the crime of oneself or other crimes beyond the crime of oneself, and whether the behavior of faithful confession include the self-denial to the crime of oneself or not, which is the key to distinguish Voluntary Surrender and Meritorious Performance.