Discuss Some Problems About Meritorious

The establishment of meritorious performance system, in macroscopic view, has a positive effect on the development of the country and the society; at the micro, with encouraging positive effect commutation transformation of criminals to strive for. Meritorious performance system the first time in a separate form appeared in the provisions of the criminal law in1997, with distinct Chinese characteristic, has milepost on Chinese legislation and judicial practice significance. Correct understanding and application of meritorious performance system, is very important for the judicial staff, because it is not only related to the vital interests of the criminal law of our country, but also related to the fairness and seriousness. Although our country’s criminal law and judicial interpretation has made the explicit stipulation to the meritorious performance system, but because the society is developing forward constantly, complexity and diversity, for meritorious system understanding, whether the Department of justice or law circles, have appeared more and more differences and disputes, so for meritorious system understanding remains to be further research and discussion. In this paper, to China’s criminal law and relevant judicial interpretation as the basis, on several problems of meritorious performance system in the analysis, in order to benefit the study of meritorious performance system. This paper is divided into five chapters:Chapter one:The concept and characteristics of meritorious.Chapter two:Founded meritorious elements.Chapter three:Meritorious confirmation.Chapter four:Meritorious Legislative Defects.Chapter five:Perfect meritorious legislation.