Study On The Concurrence Of Surrender And Meritorious Performance

One finds the exact circumstances of sentencing discretion and the applicable penalties are a vital part of the process is to protect the most important prerequisite for criminal justice penalties imposed, while competing sentencing is accurately identified and applicable sentencing difficult problems. With the constant improvement surrender and meritorious service system, the establishment of the accused to surrender and meritorious sentencing two competing judicial practice in large numbers, but for the sentencing of competing issues, the current theory of theoretical research on this relatively less, down to those who surrender and meritorious circumstances competing academic inquiry is even more rare, and thus lead to confusion applicable in judicial practice, different standards and one-sided identified other issues, for the protection of the legitimate interests of the defendant, to ensure that the penalty discretion impartiality had a negative impact. In this paper accurately define, clarify the basis surrendered meritorious circumstances and competing over by judicial practice common surrendered meritorious circumstances and competing five kinds of situations detailed explanation and description of the principle of combining punishment in China is to be followed Discretion and guidelines discuss how to solve the final surrender and meritorious Concurrence. This paper is divided into four parts, namely:Part one: Overview of competing surrender and meritorious service. Firstly, the current definition of the concept of theory sentencing competing combing noted existing connotation difficult to accurately cover the nature and characteristics of competing sentencing, sentencing and the concept of coexistence and confused so inadequate, from the word source angle accurately define the concept of competing sentencing, and then explain surrendered meritorious circumstances and competing connotations: that in a criminal case facts of the case at the same time meet the evaluation criteria to surrender and meritorious two sentencing, but a criminal defendant is found when responsibility can only choose to surrender or meritorious a sentencing apply.Part two: surrender and meritorious competing situation. First elaborated five common judicial practice and surrendered meritorious circumstances Concurrence: involution surrendered and meritorious conduct in competing, implicated in acts of surrender and meritorious competing one-sided accomplice in the surrender and meritorious competing on offline expose and meritorious behavior of surrender and competing scapegoat for the criminal acts of surrender and meritorious competing. In particular explore whether five kinds of acts constituting a crime on the basis of a common focus on the establishment of surrender and meritorious service to clarify the situation of competing in the above five kinds of situations, and deal with the plight of surrender and meritorious analysis Concurrence extant, that no legal basis for confusion and other issues identified sided.Part three: surrender and meritorious competing principles. Mainly on four basic principles of the process should implement discretionary penalty to inspect, including criminal culpability adaptation principle prohibiting repeat evaluation principles, the principle of a comprehensive evaluation of the defendant and in favor of the principle. By elaborating the connotation of the four principles of sentencing, to explore its significance in dealing with surrendered meritorious Concurrence of criminal culpability based on the principles of adaptation and comprehensive evaluation principles to deal with the defendant's surrender and meritorious circumstances in the penalty discretionary process be comprehensive, integrated and do not in any circumstances omissions; and in the final result of the selection process in which a surrendered or meritorious sentencing is to follow the principle of prohibition Repeatable evaluation.Part four: surrender and meritorious competing Solutions. Propose concrete solutions to deal with competing surrender and meritorious service, choose one of the Sentencing apply. When surrender and meritorious service are not always fully reflect the facts of the case and sentencing criminals themselves and other factors affect their criminal responsibility, should be selected to fully reflect all the factors of sentencing sentencing, usually voluntarily surrendered themselves; when the two surrendered and meritorious service sentencing was able to fully reflect the facts of the case and the criminal influence their own situation and other elements of its criminal sentencing, you should choose from a wide sharpest, most favor of the defendant's sentencing; and there is a comprehensive evaluation of the principle and by exploring processing method is conducive to the principles of conflicts of defendants to overcome no laws, different standards and judicial cognizance sided dilemma, sentenced the defendant to achieve accurate, comprehensive and fair criminal responsibility, as far as possible to ensure the standardization of sentencing and the Substantial justice.