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Meritorious certain issues research

Author: TangLei
Tutor: MaSongJian
School: Zhengzhou University
Course: Criminal Law
Keywords: Rendering meritorious service The unit renders meritorious service Fair Efficiency
CLC: D924.1
Type: Master's thesis
Year: 2009
Downloads: 79
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Abstract

Renders meritorious service is an alone Chinese characteristic penalty system, germinated from Era of slavery’s Western Zhou Dynasty to 1997 the penal code official establishment perfect renders meritorious service the system, "awarded for meritorious service" the thought connotation obtained the complete inheritance, rendered meritorious service the system is also playing more and more vital role in our country fundamental research and the judicial practice.Renders meritorious service is refers to the criminal offender reporting, to expose other people criminality, the verification is true, either provides the vital clue, can thus solve other cases, either prevents other people criminal activity or the significant criminal activity, either the assistance Judicial organ seizes other suspect or the significant suspect (including same criminal), either has other is advantageous to national and society’s prominent performance or the important contributions behavior. This definition bases in the criminal law stipulated that covered has rendered meritorious service generally with the content which rendered meritorious service significantly. Renders meritorious service the essence should simultaneously have legal and the justness two characteristics, is the criminal offender implementation conforms to the legal rule, the leniency in accordance with the law punishment behavior. At the same time, the legislator does not pay attention to the criminal offender implementation to render meritorious service time the behavior motive, also because of so,is rendering meritorious service between the justice which and the criminal law justice the behavior realizes has the essential difference, renders meritorious service the justice which the behavior realizes is one kind in legal and the moral stratification plane low justice.In the basis different standard to renders meritorious service in the classification which carries on, the criminal law clearly stipulates only the classification is renders meritorious service generally with renders meritorious service significantly,the two are advantageous in society’s essence and do not have any difference, the difference are only exist to are advantageous in society’s quantity.Renders meritorious service the establishment condition to have four aspects:Firstly,prerequisite. "the criminal offender" and "hasimpl emented the criminality" is the prerequisite key word. Secondly,time condition. After from the crime was established, before the decision, rules becomes effective in this time section the criminal offender to have renders meritorious service the performance to recognize that the establishment renders meritorious service. Thirdly, behavior condition. Including the reporting, exposes other people criminality, provides solves the other case’s vital clue,prevents other people criminal activity, assists the Judicial organ to seize other suspect and to have other is advantageous to national and society’s prominent performance behavior. Fourthly, valid condition. The establishment renders meritorious service the behavior must be the behavior beneficial sociality achieves the prominent degree, and should have the judicial assistance. Regarding renders meritorious service the behavior whether to establish the confirmation power exercises by the court reasonably, but non-procuratorate and Public security organ.After the unit renders meritorious service is refers to the unit crime and appears in court, or in the execution of punishment process has exposes other people criminality, is true after the verification, or provides the vital clue, can thus solve other cases, as well as has other makes the outstanding contributions to the country and the society the behavior. The unit renders meritorious service the main body can only be a unit, not including natural person. In the unit crime after the unit collective either its policy-making organ decided the assignment direct responsible staffs, other direct liability personnel or other have not participated in the crime the unit personnel other people criminality which grasps the unit report the exposure or provide behaviors and so on vital clue, should regard as the unit behavior, recognized that renders meritorious service for the unit. The unit renders meritorious service the content is other people criminality which the unit grasps, renders meritorious service the behavior should by unit’s name, and manifests unit’s will. The unit renders meritorious service should have the integrity effect, should Hui Ji undertake the legal responsibility unit member to the unit lenient punishment’s potency because of the unit crime. Renders meritorious service regarding the unit, may punish leniently;The unit has renders meritorious service significantly, may avoid the punishment;After unit crime surrenders, also has renders meritorious service significantly the performance, must avoid the punishment.On March 20,2009 the Supreme People’s Court, the Supreme People’s Procuratorate had issued jointly "about Handles Crime by taking advantage of duty Case To recognize Surrenders, Renders meritorious service And so on Discretion of punishment Plot Certain Question Opinions" (hereafter refers to as "Opinion"),renders meritorious service to the judicial practice in recognized that has had the major impact. Does not have constitution rendering meritorious service in the complete involution’s crime the possibility, in incomplete involution crime, only then only then has the possibility in the untenable involution crime’s situation to constitute renders meritorious service. "after Opinion" appears, under the incomplete involution bribery crime situation rendered meritorious service has lost the existence space. Renders meritorious service is in reality together the existence, when two or two above criminal offenders were rendering meritorious service the control under intentionally to implement together have been advantageous to society’s joint act, and this behavior is verified finally is true must recognize that the establishment rendered meritorious service together the behavior. Stipulated according to "Opinion", because myself gain and so on duty clues am clear about in the crime by taking advantage of duty the elimination in beside the basis which renders meritorious service. But the dispute Judicial organ which exists regarding other type crime in still had the leeway which the freedom decides after deliberation. Buys the merit behavior should the special details concrete study, so long as but through the unlawful means or the illegal channels gain’s information clue totally removes in renders meritorious service beside the basis which recognized.Renders meritorious service the system to have the significant theory and the practical significance,but also has the inherent flaw. Rendered meritorious service the system too utility tendency already to cause more and more disputes, regarding rendered meritorious service system’s resonsideration already to touch to legal and the moral relational this deep level question, the academic circle already presented the reform to render meritorious service system’s call.Will revolve to render meritorious service with the efficiency value choices the discussion which the system will launch to will certainly fairly to consummate this has the long history penalty in our country to decide after deliberation the system.

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