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cial resources to obtain the greatest social benefits. Meritorious behavior results conducive to the country , the interests of society , should give a positive evaluation of China's criminal law does not provide for meritorious motives of criminals , without the " penitential nature" to be provided , it is bound to reflect the utilitarian purpose .

From the criminal law point of view, the system only from meritorious act itself to determine whether it constitutes meritorious , for the purpose of human behavior , motivation , behavior , etc. are not to be elegant. In other words, regardless of whether there is criminal remorse or for any other purpose, regardless of their source of information on what is meritorious , as long as the offender's behavior objectively identified as compliance with the law on merit . The most obvious utilitarian meritorious reflected also in this.

It is precisely because the system established meritorious serious utilitarian bias that makes criminals hesitate to use various means method meritorious , resulting meritorious alienation problems. Therefore, the system established meritorious utilitarian bias value orientation is serious alienation produced meritorious theoretical roots .

Law is just a manifestation of our criminal law system must also establish meritorious reflects its justice . However, in the pursuit of judicial efficiency of today, the idea of justice in the long-term value and utilitarian value of mutual exclusion , mutual constraints, the shift in balance between confrontation between the two how to choose it ? In my opinion, the idea of justice when the law of value and utilitarian value conflicts , you should seek a balance between the two in order to achieve legal justice and judicial efficiency win. The current merit system , blindly raise the status of utilitarianism , ignoring the value of legal justice , which leads to all sorts of negative effects. Only by allowing just value to return to the merit system , the utilitarian value at just value based on the increase , so that the two are in balance, in order to achieve the ideal state, namely, to maintain a meritorious justice system , but also to achieve maximum efficiency of justice . ⑦

Because the current system leads to meritorious meritorious alienation phenomenon, in judicial practice , the judge determined whether meritorious alienation in trouble , if the judiciary strict accordance with the law enforcement recognizes meritorious alienation , then run the judiciary , good for meritorious persons favorable , but contrary to the Criminal justice ; judiciary alienation meritorious if not identified , there are suspected violations . Therefore I believe that it is necessary to regulate meritorious system specific constituent elements .

1 , the main elements . Meritorious subjects must be the perpetrator, namely the implementation of the act that endangers society who should bear criminal responsibility according to law , and has been sentenced to punishment or penalty for people who are running .

2 , the time requirements . The start time of the establishment of meritorious service " after appearing in court ," with an expiry time " before the sentence is finished ."

3, the objective element . Meritorious content should be real and effective legal. " The so-called real perpet本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。