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立功制度牺牲了被害人的利益，对被害人已是不公平的，然而立功异化现象中犯罪分子通过暴力、胁迫、欺骗、引诱、串通等手段获取他人犯罪信息，通过不法手段揭发他人犯罪，从而立功获得从宽处罚的，对被害人而言更是极大的不公平。

Meritorious system at the expense of the interests of the victim , the victim is not fair, however meritorious alienation of criminals through violence , coercion , deception, temptation, collusion and other means to get others to crime information , crime expose others through illegal means , thereby to obtain meritorious lenient punishment, in terms of the victim is an extreme injustice. Law is the embodiment of justice , is applicable to a national specification , and implementation of the law beyond the law does not allow any person has the privilege of alienation in part meritorious criminals through improper means to obtain lenient punishment beyond the law had apparently privilege , which is permitted under the law , it is not acceptable to the victim . The victim has therefore been psychological, mental stress or material losses , and compensation of victims who will appease it ? Alienation bring meritorious victims psychological imbalance is likely to force the victim to seek private power assistance, thus triggering a new crime .

立功异化问题的出现究其原因是立功制度设立的价值取向功利性偏向严重。

从立功制度条文可以看出，我国刑法规定的立功行为的本质是有利于国家和社会的正义行为。设立立功制度是基于对功利的追求，注重行为的实际有用性。 “自首”和“立功”的分立说明了立功的本质在于“有用性”。

As can be seen from the merit system provisions , the provisions of the criminal law is the nature of meritorious acts conducive to the country 's justice and social behavior . Establish meritorious system is based on the pursuit of utilitarian , focusing on the behavior of actual usefulness . "Surrender " and " meritorious " meritorious discrete explains the essence " usefulness ." Utilitarian value proposition is to meet the national criminal law to pursue a certain utilitarian effect of positive significance. English 18th century utilitarian thinkers Bentham that seek to avoid suffering the fundamental human principle is music . Difficult for anyone to escape the law seek happiness and avoid suffering , so happy they become the basis for all actions . Bentham's utilitarianism which explains the principles , said: "This kind of principle: he seems bound to increase or decrease according to their interests are issues related to the tendency of happiness , and to promote well-being for or against such a tendency to endorse or oppose any an action . " in other words, the behavior of a positive or negative , depending on whether the conduct involves the vital interests of the parties to promote happiness . ⑤ meritorious our current system , both from a legal point of view or from the current criminal law perspective, it can be seen both utilitarian bias seriously .

 " From a legal point of view, is the essence of utilitarianism meritorious system , it can produce crime prevention , punishment of crime best social effects , in line with the principle of economy of punishment , penalty cost savings from an objective practical effect ." ⑥ meritorious system due individual criminals incentive for criminals actively with national judicial authorities cooperate and assist the detection of cases and thus to punish criminals and reduce social unrest ; save a lot of manpower, material and finan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。