The Meritorious Performance System In The Criminal Law Of Our Country

There are always misunderstandings about Meritorious Performance system in the field of criminal theory of our country. It's lack of systemic study and deeply analyze. This paper discussed the Meritorious Performance system in the angle of criminal policy. It gave a comprehensive discussion and analysis about its theory and practice.Part I: The historical changes of the Meritorious Performance system. The paper gave it a review by studying relative materials. It found out some of the directions of the Meritorious Performance system of our country, are: from appertain to independence: expanding of the content; broaden of the elements; tolerance of the punishment.Pare II: The concept, condition, essence and the classification of MeritoriousPerformance. Firstly, the paper gave a definition of the very core of the system-Meritorious Performance. Secondly, it discussed the general condition by the regulations of the Criminal Law. Followed by the study of the benthamism, it found out the essence of the Meritorious Performance. The last part is the classification of its extension.Part III: The value judgement of the System. The writer built the value system with utility and fair as the two basic lines. It gave a further analyze of the representations of these two values.Part IV: The constitution analysis of Meritorious Performance. The paper stated the specific constitution of Meritorious Performance.Part V: The application of Meritorious Performance system. The paper differentiated it from other related systems. It also discussed the difficulties in recognizing Meritorious Performance in different cases. Then, it clarified the ways concerning about how to diminish the penalty of Meritorious Performer based on the Criminal Law.Part VI: The theory perfection of the Meritorious Performance. The paper found out the shortcomings of the Meritorious Performance system in the Criminal Law of our country, and put some ideas about the perfection.Anyway. Meritorious Performance means not only the light punishment of penalty, but an important punishment system concerning the two links of Measurement of Penalty and Execution of punishment as well. The orientation is very important. Only by this way. the related legislation can be carried out permanently, and the criminal policy can be fully performed.