The Theory And Practice Of The Meritorious Performance System

The field of our criminal theory always has some misunderstandings about Meritorious Performance system, and little have scholars systemetically studied and deeply analysed it. This article reexamings Meritorious Performance system from the angle of criminal policy and maintains that Meritorious Performance should be encouraged and rewarded. It also states and analyses comprehensively its theoretical and practical problems. This article, about sixty thousands of words, consists of six parts.Part one. Historical evolution of Meritorious Performance system. This article arranges all the relative materials that can be collected as many as possible, inspects ver-ticully both in domestic criminal law and abroad criminal law about Meritorious Performance system, and concludes some regularitive cognitions aiming at the historical evolution of our former criminal law in making Meritorious performance system, so it sets up abroadly historical background for launching the topic.Part two. The concept, constitution, nature and classification of Meritorious performance system. Firstly, this article restricts the core category of Meritorious Performance system桵eritorious Performance. Secondly, it states its constitution combining with criminal regulations. Then, it printed out the essence of Meritorious Performance is that it would make benefit to the society. At last it also classified the external parts of Meritorious Performance. In this way it provides a premary theoritical base for developing the topic.Part three. The basis of Meritorious Performance system. This article pointed outthat the Meritorious Performance system' s morality and justice is such an avenging concept as "Good will be rewarded with good, and evil with evil". Its theoritical basis lies in uniting the merit with utilism and thinking mode. The policy basis is our criminal policy of "Meritorious Performance results in reward". The practice of Meritorious Performance during thousands of years' social class struggling history in China and foreign countries makes the unbreakable practical basis.Part four. The value construction of Meritorious Performance system. This article makes its value system by fair and efficiency and points out that between the fair value and efficiency value, the former worths more attention than the latter and should be constantly studied.Part five. The constitution analysis of Meritorious Performance. Firstly this article stated the specific constitution of Meritorious Performance. Then, it points out the characteristics and the defects of our criminal Meritorious Performance systerm. At last it offered several views for improving the legislation on the basis of contrasting internal and external legislation.Part six. Proper application of Meritorious performance system. Firstly this article differentiates this system and other relative systems. It also states the difficulties in recognizing Meritorious Performance in different cases and then it classified the ways concerning about how to diminish the penalty of Meritorious performer basing on the present criminal law. So that making the scattered rules gets operated in judicial practice.In a word. Meritorious Performance means not only the light punishment system as a case in measurement of penalty, but an important punishment system concerning the two links of Measurement of Penalty and Execution of Punishment as well. Such definition of meritorious is very important. Only in this way to understand MeritoriousPerformance can the legislation be carried out permanently. As a result, the criminal policy can be fully implemented.