On The Contribution System In The Criminal Law System

Although it is only a case about Gong gangmo accusing Li zhuang, yet it causes widespread concern, the problems reflected are also thought-provoking. The scientific definition to the Contribution System will affect the realization of the penalty function and application equality, particularly have far-reaching impact on the sentencing system. To avoid the general expression separating from the norms, the definition to the inner and outer contents of the concept of should be strictly limited within the framework of the law. The Contribution System contains the elements below: the time conditions; the object condition; the content conditions. Different classifications can be done to the Contribution System according to different standards. The Contribution System experiences from surrender process to independent system. As a lenient punishment circumstances, there is a gradient in the Contribution System.To measure the value of the Contribution System in its positive sense, the system has its own values and external values, including three basic values: the order, the interests and the justice. The Contribution System implements through non-mandatory standards of conduct for the lower limit of the human to maintain the moral obligation, to highlight the utilitarian spirit of the law, to achieve its order maintenance, interest balance, fairness and justice means. It plays a positive role in judicial practice.The Contribution System simply focuses on the authenticity, validity. It considers little to the principles followed by punishment and penalties, which leads to the conflict between the legality and the balance of crime, the conflicts between the sentencing principles by law and equality. Gradually, results in the difficulty to achieve the purpose of punishment, and even leads to the popularity of the secret accusation. Comprehensive consideration of all stakeholders should be the main interests of the parties on either side of ignoring the system will be short boarded. The Contribution System, excluding the means of harm, the possibility of a single evaluation model repeated, will result in many phenomena of alienation in judicial practice, and in the actual operation, the different understandings to the Contribution System which results in the dilemma of justice can not be ignored.The Contribution System makes it easier for the investigation and trial, but is not indicative to the people of penance, nor has the ethical may be forgiven. When the crime is committed particularly serious, the decision to reduce or waive penalties may be difficult for the general population to accept. So the designing of the system still needs improvement.