Research On Meritorious Alienation

Meritorious alienation refers to the tip-offs behavior that the criminal suspect or defendant,the person subjected to execution without the precondition of penitence,takes the unfair means or make up fake clues by violating states laws,regulations or rules related industries to conform to meritorious of the law and obtain legal leniency.Meritorious alienation is varied in the judicial practice,it can be divided into help merits,business merits force merits,seduce merits,collusion merits,on behalf of the college,etc.Meritorious alienation has the following characteristics: there is no intention of penitence in the subjective;Objective aspect means unfair;the means of alienation present the trend diversification;Meritorious alienation has concealment,it is not easy to identify;Merit contributions in the plot of the alienation can be transfered;there is no correlation between meritorious circumstances and informants.The phenomenon of Meritorious alienation has many hazards: contrary to the principle of justice and equality;Against crime punishment adapts principles;Contribute to judicial corruption;Departure from the penalty purpose;Damage the authority of criminal law.Causes of dampening alienation phenomenon,mainly include: deviation of the value of the merit system orientation,outstanding utilitarianism;The absence of criminal policy guidance,the policy of "tempering justice with mercy" do not control the operation of the merit system reasonably and effectively in the judicial practice;Merit legislation is imperfect,lack of scientific concept of positioning in criminal law,neglecte the subjective state of mind;Judicial review is lax,the contributions of the program is not scientific,relevant evidentiary materials is not standard;Perform link has a problem,the prison party controls rights of request and alienation of the prison's suggestion rights dominated the court trial,the supervision of the procuratorial organs lacks substantive operational measures.Preventive measures of meritorious alienation includes four aspects: the policy,legislative,judicial,executive.First in policy measures,when we restrain the utilitarianism of criminal law properly and reshape the positioning of merit system,we should pay attention to correct guidance of the policy of "tempering justice with mercy".Furthermore in legislation and preventive measures,there are three suggestions: First,be strict with rules,unite subjective and objective merit system,the subjective penitence is the prerequisite of the establishment of meritorious;Second,we must standardize the procedures of contributions applicable law.Third,we need to strengthen the responsibility mechanism of alienation behavior.Contributions alienation of judicial protection measures are put forward from different angles of the investigation organ,the procuratorial organs and judicial organs again.Finally in the execution prevention,management measures are put forward in the field of commutation parole.