| Improper meritorious performance is the alienation of the Meritorious Performancesystem practice. Its appearance dose not only endanger the Meritorious Performance, but alsomisleads the value orientation of the Criminal Law and the society. Study on the impropermeritorious performance in depth is the way to establish the value of the MeritoriousPerformance system and the way to maintain the demand of the criminal justice. This articlecan be divided into five parts:Introduction. Proposing the improper meritorious in the practice by two cases. Pointedout that the severity of such problems and the urgency to solve such problems.Part One. Meritorious Performance system combing. As the theoretical basis of thearticle, analyzing the concept of the Meritorious Performance system, pointing out theproblem of it, and why it is hard to identiyf improper meritorious behaviour, analyzing theMeritorious Performance system, pointing out that the purpose of the establishment of theMeritorious Performance system is in line with the criminal policies. The inetrpreitng thevalue of the Meritorious Performance system, analyzing the conlfict between the double valueof fairness and efifciency. By the difference of Meritorious Performance system in practiceand in the theory, proposing the improper meritorious issues.Part Two. Investigation of the improper meritorious performance. Through theinvestigation of improper meritorious acts in legislation and judicial, clariifng the situation,characteristics of the improper meritorious problem.Part Three. Reasons of the improper meritorious performance. The author believes thatimproper meritorious performance is mainly caused by four reasons, the fuzzy position of theMeritorious Performance system’s value. The absence of the criminal policy guidance to theMeritorious Performance system.Inadequate legislation and the judicial examination of theMeritorious Performance system merit is lax. Above all, the most important reason is that thevalue of the Meritorious Performance system is in favor of efifciency. Such a value bias isembodied in the law, and there is not a appropriate prevention system. In practice, this bias israpidly expanding, there has been improper meritorious. Another important reason is that, theCriminal policy did not control and guide the practice of the Meritorious Performance system.Part Four. Prevention measures of the improper meritorious performance. According tothe third part, the article proposes some appropriate counter measures, determining the valueof the Meritorious Performance system. Emphasising the controlling and the guidance of the criminal policy. Strengthen the legislative, using some more scientiifc division system of thebehaviour. Speciifcation meritorious and improper meritorious act,and improving the existinglaw. Strengthen the judicial examination. Making sure of the power and responsibility. |
