Research on Our Criminal Meritorious Performance System
|Keywords||meritorious performance system value analysis efficiency analysis constitution factor judicial determination|
There have been some misunderstandings on the meritorious performance system for a long period of time in our criminal theory, and many controversies arise in the procedure of judicial application due to the defects of the system of current criminal law. Therefore, systematic and further study on the system has double necessities for theory and practice. This thesis demonstrates jurisprudential foundation of the system by adopting such research methods as positive analysis, historical analysis and comparative analysis. It also analyses the evolution, effectiveness and defects of the system. Still another, it reviews comparatively the system of foreign laws. Based on the studies mentioned above, the author argues there are some pretermissions on the system of current criminal law, some provisions are too general and abstract, and some legislative terms are quite unprofessional. Hereby, to exert the function of the system to the maximum, this thesis suggests that improvements be taken into consideration. For the legislative perspective, the rectification of its utility, the specification of meritorious performance and filling of the gap of law be made. For the judicial perspective, the authorities of notification be established and the corresponding procedure be improved.This thesis consists of three chapters as follows:Chapter One:Theoretical Foundation of Meritorious Performance System. This chapter induces and defines the conception, features, classifications and essence of the meritorious performance. And the chapter also reasons its theoretical foundation from the perspectives of values of equity and efficiency.Chapter Two:Effectiveness and Defects on the System of Current Law and References of Foreign Meritorious Performance System. This chapter reviews the evolution of the system in legislative perspective, analyses the constitution factor and determination of the meritorious performance in judicial perspective and puts forward the defects of the system. Meanwhile, this chapter also reviews comparatively the evolution of foreign meritorious performance system and analyses its references.Chapter Three:Suggestions on Improving Meritorious Performance System in China. This chapter puts forward the related suggestions to improve the meritorious performance system from such five perspectives as specification of the meritorious performance, filling of the gap of law, rectification of its utility and improvement of notification and improvement of the corresponding procedures.