Reflections On The Criminal Law Of Disclosure Of Meritorious Service

Meritorious service is a kind of reward system stipulated by the General Provisions of Criminal Law as criminal punishment.It is the concrete and legalization of criminal policy of "meritorious service" and "crime of meritorious service" in our country,At the same time,it plays a decisive role to improve the efficiency of justice and has great significance in China's criminal system,so the academic opposition of how to delimit it is intense.The meritorious service system inherited the thought of "meritorious service award" in ancient China.After the founding of the People's Republic of China in 1979,the first criminal law stipulated that the meritorious service was attached to the surrender,and after 1997 it makes change.Rough to the system,is a continuous sound and perfect process.In this process,for the meritorious service connotation,epitaxial awareness is also deepening,what is meritorious service? Specific to the case of the trial process,what kind of acts can be identified as meritorious service? Is there any meritorious service Can you make in implicated offender or correspondence offender?Are there criminals associated with the criminals in the upper and lower reaches of the crime? And so on the problem after another,despite the continuous improvement of our meritorious service system,the meritorious service in China is still relativelysimple,making meritorious service judicature in the judicial practice of the problem endless.The criminal law stipulates that both the civil law system and the Anglo-American legal system do not stipulate the legal system similar to our meritorious service.It simply makes the suspects and some of the defendants' plot of meritorious service as "the defendant repent",which is usually considered as an ordinary discretionary and lenient circumstances,even if some countries criminal legislation will "meritorious service" as a system to be provided,But also never like my country will meritorious as such an important plot to be particularly concerned about,we can see that the meritorious service system is a more unique criminal legal policy.The system of exemption in the foreign criminal system is similar to that of the meritorious service system in China.Both of them have similarities in the pursuit of efficiency and justice.However,there is a great difference between the theoretical and the implementation level,author will elaborate the differences later.According to China's criminal law and judicial interpretation of meritorious service on the relevant legal system,contact the judicial practice of specific cases,meritorious service shows diversity and complexity.In the case of surrender and confession,it is clear that the scope of the perpetrator should be truthfully confessed,which is the first thing to be clarified in the process of judicial determination.Secondly,it is essential to the correct understanding of Article 68 of the Criminal Code,which relates to the situation of the common crime meritorious service.Again,for several types of special crimes in the determination of meritorious service,under what circumstances the establishment of meritorious service,under what circumstances did not set up meritorious service,I will put forward my own views.The meritorious service system made the judiciary save a lot of judicial resources,effectively prevent the criminals from further harm to society,It also differentiates the criminals,so that criminals through meritorious service on the punishment of lenient punishment opportunities.However,due to the theoretical circles,the judicial practice sector,especially the power of the invention ofmeritorious deeds have different views,leading to confusion in practice against meritorious service.Throughout the meritorious service identified in the problem,the most critical is to establish the substantive determination of the opposition,the correct determination of meritorious service in order to comply with the legislative intent,to maintain legal authority.This paper intends to summarize the concept of meritorious service,compare the internal and external policy significance and identification,and combine with the specific cases in practice,the theoretical and judicial problems of practical problems into the depth of the study,find out the reasons for how to determine the practice of judicial practice,In order to further improve China's meritorious service system to the better,to achieve respect for human rights,the protection of efficiency.