Alienation And Correction Of The Meritorious Performance In Criminal Law

Article 68 of the Criminal Law briefly provides for a system of merit,that is,if a criminal has exposed another person's criminal acts,verified the facts,or provided important clues,so as to detect other cases and other achievements,the punishment may be reduced or reduced;It can be seen that the system of merit has given criminals the opportunity to reduce or waive punishment,and its work-doing behavior for the judiciary also saves the cost of investigating cases.The act of criminals actively exposing crimes committed by others or providing important clues also plays a positive role in preventing crime for the State.The advantages of the system in judicial practice can not be separated from its own utilitarian value,but also because of its utilitarian value is more prominent,in practice there has been the phenomenon of the alienation of the act of merit,many criminals in order to pursue their own interests at the expense of illegal means to obtain clues to other people's crimes to obtain the opportunity to obtain a wide punishment.This is contrary to the original intention of the establishment of the system,not only is not conducive to fighting crime,saving judicial resources,but also breeds more illegal and disorderly behavior.Therefore,this paper studies the alienation of Meritorious Performance or work and puts forward the corrective path in order to bring some help to the judicial application of the system of merit.The first chapter of this paper expounds the value and function of the system of Meritorious Performance.First of all,the author makes a detailed discussion on the utilitarian and just value of the system of Meritorious Performance,and fully expounds the role of the utilitarian value of the system in judicial practice and the conflict and balance between it and the value of justice.The function of the system of Meritorious Performance is inseparable from its own utilitarian value,and the alienation of the system of Meritorious Performance is also due to its own value conflict and its function of being able to benefit criminals from a wide range of punishments.The second chapter of this paper expounds the concept of the alienation of merit behavior.First of all,the author expounds the concept of the alienation of merit,that is,criminals in order to achieve merit and widely punished,and take violations of laws,regulations and policies,deviate from the moral way to obtain clues to work,to expose other people's crimes.Secondly,it summarizes the three characteristics of the alienation of merit behavior,namely,the diversity of the alienation means,the secrecy of the behavior and the unrepentant psychology of the perpetrator.Finally,it expounds the various forms of expression of practice practice,summarizes the controversy of various behaviors softening in practice,and expresses the author's personal views.The third chapter of this paper analyzes the causes of alienation of the act of meritorious work.First of all,the author expounds from the aspect of legislative loopholes that the identification of the act of merit in practice lacks clear criteria,the legal provisions only briefly scattered the generalization of several common manifestations of the work,and did not interpret the elements of its establishment,nor the system of the system to make provisions.Secondly,the reason why the author of the alienation of the work is that one of the reasons is that the act cost of illegal work is low,the main body of the practice of alienation work has not made severe punishment,giving the actors the space to break the law.Finally,the author thinks that the identification and application procedures in practice lack effective supervision,and the materials of criminals' work have not been subject edged substantively,which provides convenience for criminals to carry out improper work.The fourth chapter of this paper puts forward the corrective path of the alienation of the act of merit.First of all,on the basis of the application of merit,the identification criteria of several common meritetic performance are analyzed,and the elements of the establishment of the work are analyzed,which can be used as a reference in the practical determination.Secondly,the author proposes to raise the illegal cost of the subject of merit alienation,and to use the law to severely punish the illegal acts of criminals and the judicial staff,lawyers and others who help them to make such acts,so as to reduce the occurrence of such acts.Third,the author put forward the proposal of systematizing and organizing the work from the law,with a view to making provisions of the system of work ability more professional,clear and detailed.Finally,the author thinks that we must strengthen the supervision of the procedure of the establishment of the work,and expose the process of the establishment of the work force to the sun,in order to effectively suppress the phenomenon of the alienation of merit.