The Criticize And Reconstitution Of System Of Meritorious Performance

Or informing against other criminals to be rewarded has existed inancient China. Nowadays it becomes a clear legal system, such as the system0f meritorious performance described in the following passage. In1997, welisted in Chinese criminal laws as an independent system. Chinese criminallaws regard the system of meritorious performance as a circumstance ofmeasuring punishment of being dealt with leniently or mitigate in thebackground of punishing crime and maintaining social stability. We also laydown more detailed about it in judicature interpretations. Criminals haveinformed against other people to exposure more criminal behaviors toinvestigative organizations and make more criminals be punished. The systemof meritorious performance seems to make it more efficient to improvedetection rate and collapse crime, so public security organizations frequentlymake advantage of this system. Also, Chinese legislators lay it downaudaciously because it is particular in our laws as a system which can mitigatepunishment. However, as an author, I find the foundation of this system is notstrong. It has a lot of disadvantages in Chinese judicial practice. It disobeysthe morality and the righteous of laws, especially criminal laws and it doesharm to the trust among people. This system encourages people ferret outothers so that it make people seek nothing but profits. It does not conform tothe ultimate objective of laws. Therefore, we should reconstitute the system.This article will analyze the original of this system, the basic concepts andcharacters of them to criticize the system of meritorious performance on the basic of judicial practice and jurisprudence and reconstitute it. We expect thatChinese legislation can benefit from it.