| As an important sentencing discretionary system in China,the meritorious performance system represents a system of leniency for criminals with meritorious performance under the criminal law,which is broadly and narrowly defined.The broad sense of meritorious performance is specifically categorized into sentencing meritorious performance,sentence reduction meritorious performance,and guilt by association meritorious performance.In a narrow sense,meritorious performance refers to the system of meritorious performance at the level of sentencing.It is conducive to improving the efficiency of the judicial organs in handling cases,and dismantling criminals.However,in recent years,as the theoretical research on the meritorious performance system in China has developed relatively sluggishly,along with the overly simple provisions of the current criminal law on the meritorious performance system,it is impossible to develop a unified standard for the determination of meritoriousness in the field of judicial practice,resulting in the existence of many problems at the level of judicial determination of meritoriousness.Taking a case-based approach,this paper analyzes the aforementioned issues from the perspective of Article 68 of the Criminal Law on sentencing meritorious performance by presenting typical cases in practice and integrating relevant theoretical studies.There are three main parts in this paper: the first part collates the judicial cases in the past five years and summarizes the typical cases to identify the main challenges in the judicial recognition of meritorious performance in China.The second part conducts an analysis combining relevant theoretical views on the meritorious performance recognition influenced by "starting time",meritorious performance recognition of "assistance in meritorious acts",meritorious performance recognition in "competing" situations,meritorious performance recognition of "assistance in arrest",and meritorious performance recognition of "persuading an accomplice to surrender".The third part clarifies the ideas and measures for addressing the relevant problems,and specifically puts forward measures for resolving the judicial recognition of meritorious performance through both legislative and judicial levels,with a view to achieving a positive effect on judicial practice and better promoting the development of the meritorious performance system. |
