Research On The Application Of Meritorious Performance System

Meritorious performance system is an important system in adjudication of punishment,conducive to promoting the case handling efficiency. However, the complexity and diversity,and the principled nature and backwardness of the relevant provisions result in the variedhandling for some new problems and new circumstances, affecting the function of themeritorious performance system. This thesis begins from several typical cases, discussesseveral issues concerning the application of the meritorious performance system in theCriminal Law in the judicial practice and proposes the author’s opinions. This thesis consistsof six parts.Part One discusses the commencement time of meritorious performance and holds thatthe time after the crime shall be determined the commencement of such performance.Part Two discusses the clue source of meritorious performance and proposes that theessence thereof is the national utilitarianism based on the equality, the clue thereof gainedwith illegal means shall not be identified as the meritorious performance and that thecircumstance unable to promote the solution of the case or the case handling efficiency, or notin line with utilitarianism cannot be identified as the meritorious performance. Otherwiseother circumstances shall be identified as the meritorious performance.Part Three discusses the identification of exposing others’ offenses related. This partproposes that only when the fact goes beyond “own crime” exposed by the offender can thefact constitute the meritorious performance of exposing others’ offenses and in the meantimethe legality of the clue source shall be considered.Part Four discusses the identification of meritorious performance of assisting in the arrest.This part proposes that the spot identification and accomplice identification can be identifiedas meritorious performance, and the circumstance of persuading or accompanying othersuspects to voluntarily surrender themselves which conforms to the original legislation intentof meritorious performance shall be identified as meritorious performance.Part Five discusses the judgment standards and rotary processing of verification. Thispart proposes that judgment standards for verification shall not be confined to some standards,but be comprehensively judged according to the evidence, and after the identification ofmeritorious performance, unless otherwise the suspect is acquitted without fact basis or legal basis, meritorious performance shall not be rotated.Part Six discusses the influence of meritorious performance on adjudication ofpunishment. This part proposes that under general circumstances the suspect shall be punishedforgivingly and under special circumstances, the suspect may not be punished forgivingly.According to offense nature, circumstances and harmful consequences the suspect withsignificant meritorious performance is not alleviated or exempted, the suspect may bepunished forgivingly appropriately. In the case of combined punishment for several offenses,when the offense is respectively measured, meritorious performance shall be firstlyconsidered, punishing each offense forgivingly or alleviating each offense and thereafter thepunishment to be enforced shall be determined according to the principle of combinedpunishment for several offenses.