Research On The Criteria For Establishing Meritorious Deeds By Accomplices In Reporting Excessive Behavior

Meritorious service system is one of the important criminal systems in China,which plays an extremely important role.It has gone through a long time from the ancient thought of "Ming Dynasty,virtue and punishment" to the policy of combining punishment with leniency in the counter revolutionary struggle,and finally established in the criminal law,and various judicial interpretations are constantly improving the meritorious service system.Through typical cases as the starting point,we can find that due to the imperfection of legislation and the lag of justice,for the joint crime of meritorious service,especially its impact on the specific criminal sentencing,can encourage criminals to reduce criminal responsibility by exposing other people's criminal behavior in the specific criminal process.It can not only effectively improve the efficiency of punishing crime,but also greatly reduce the cost of judicial operation.At the same time,it can also make criminals get the opportunity of lenient treatment,and make them reform,so that they can better integrate into society in the future.However,there are still many problems in the system of meritorious service in our country.Especially in the recognition of meritorious service in the prosecution of accomplice,there is no clear legal provisions in China,and there is no corresponding legal basis.The first part mainly introduces a typical case,introduces the possible problems in the process of implementing the limit and the different opinions of all parties,because there are disputes on the basis and scope of the establishment of meritorious service.The second part mainly expounds the theoretical classification of meritorious service system and its value evaluation.For the legal classification of meritorious service,this paper makes a corresponding exposition,mainly including the theory of repentance,the theory of reducing self danger and the theory of legal justice.Secondly,it makes a corresponding evaluation of the theoretical basis of meritorious service system,and discusses the significance of theoretical value from the subjective and objective aspects.The third part mainly expounds the current judicial trends and problems in China.Specifically including the judicial interpretation issued by the Supreme People's court,the Supreme People's Procuratorate,the Ministry of public security and other departments to improve the application of meritorious service system in judicial practice,this paper also adds some typical cases to prove.It mainly includes the lack of rationality of the standards for the establishment of meritorious service,the controversy of the standards for the determination of other crimes,and the vague definition of the relationship between the accomplice and the over limit behavior.In the fourth part,the author mainly expounds the construction of the standard of the establishment of meritorious service in the prosecution of the accomplice.In this part,it puts forward the specific application of specific causality in practice,analyzes the advantages of specific causality,and obtains the standard construction path in the case of specific causality.