Research On The Problem Of Judicial Identification Of The Rendering Meritorious Service During The Discretionary Penalty

In China,according to the process of criminal procedure, the rendering meritorious service is divided into the meritorious during the discretionary penalty and the meritorious during the execution of punishment,or the meritorious as circumstances of sentencing and as execution plot; Some people will call the suspect、the defendant’s meritorious and criminals’ s meritorious with meritorious different objects. This article discusses the object defined in the rendering meritorious service during the discretionary penalty, that is the suspect、defendant’s meritorious.The rendering meritorious service derives from the thought that awards will be given to those who perform a meritorious service, which gains the public’s favor due to its practical utility to the society. This paper, the author intends to analyze the rendering meritorious service from the "micro" perspective of the sentencing meritorious, focuing on discussion of the meritorious connotation、history and the value of it’s foundation,trying to sort out the part of difficult problems appearing relatively frequently when we apply for the meritorious and find a solution path.In addition to the introduction, this paper is divided into five parts. And there are about 30,000 words in the paper:The first part is an overview of the rendering meritorious service. In this part, the author firstly defines “rendering meritorious service” and analyzes the elements included in the definition;and then, the author combs the history of the system throughout in chronology order and draws a clear value orientations of rendering meritorious service as statutory sentencing.The second part is a discussion of the value. To start with, the author explans the connotation and exemplification of the value of justice and the value of utility,and leads in the conflicts and balances between the two value; Afterwards, the legal position“ justice preferred and utility considered” will be finally established,in order to provide a theoretical basis for solving the problem of judicial application.The third part mainly sort some problem that appear applying for the meritorious. In this part, the author extracts part of the controversial points of all kinds of rendering meritorious service on basis of cases.And also point that the applicable standards is fuzzy,the exposed expose objects will impact meritorious identified,the clues come from unknown sources and meritorious acts are In alienation And so on.The fourth part are the specific ways to resolve the problem when apply for the meritorious. It is the focus of this article.This part answers the questions that noted in the third part,pointing out we should refine the applicable standardsand and explain the body of the rendering meritorious service、 "other" clause.This part resolves the question that the exposed objects will impact meritorious identified and also indicates the meritorious clues should be clear and legitimacy. Finally,this part puts forward my own views with special problems when identify the meritorious.The fifth part is the conclusion. In this part, the author makes recommendations on legislative amendments to the rendering meritorious service, and reiterates the purpose of writing、significance and content of this article.