| Combined punishment for several crimes refers to the criminal punishment that shall be executed in accordance with legal principle, way and procedure after the judicial authority has declared crime and sentenced to a person who has convicted combined crime. As one of basic systems applicable to criminal punishment, the Combined punishment for several crimes system is also one of significant aspect in terms of criminal law system in the contemporary world. In 1979, our country made the basic regulation for this sentencing system. However, when the criminal law was amended in 1997, the Combined punishment for several crimes system still stick mainly to principle of limitative aggravation and to doctrine of accumulation of punishments and absorption principle. Articles in the amended criminal law did not specify clearly those difficult points and points of controversy occurred in the practice process. In view to this fact, the author proposed to scan the basic value and theory concerning the Combined punishment for several crimes system in our country, discussed in a systematic way the theory involving those specific applicable issues such as penalty reducing and probation in the field of applicable combined punishment for various criminal crime and Combined punishment for several crimes system, relevant legislation and difficult points occurred in judicial practice, and described extensively the logic structure composed of history development, value orientation, basic theory and specific application on the basis of previous studies with a view to promoting the perfection of related theory and innovation of system.Besides the introduction and conclusion parts, this dissertation consists of five chapters with about 140,000 words in total. The introduction part gave full description to the background and significance of topic-selection and also summarized in a basic way the content of this research. The first chapter of dissertation introduced Combined punishment for several crimes system in Chinese and foreign criminal law by making use of methods of history analysis and comparison analysis. The second chapter attached great importance to discuss the value contained in the Combined punishment for several crimes system. The third, fourth and fifth chapters analyzed respectively the understanding of combined crime which is the premise of Combined punishment for several crimes, the principle and method of combined punishment for several crimes and the relationship between the combined punishment for several crimes system and other criminal punishment system from the perspective of combined punishment for several crimes. Frankly speaking, as one kind of system applicable to criminal law, these three chapters are the core of the whole dissertation. In the conclusion part, the author summarized relevant opinions and pointed out the orientation for perfecting the combined punishment for several crimes system.The first chapter of the dissertation was titled as "Theory of Length and Width of Combined Punishment for Several Crimes System". It firstly scanned the combined punishment of crimes. Through introducing continuous development and progress of ancient combined punishment for several crimes system in our country, we could notice that ancient criminal law in our country specified the combined punishment for several crimes in a relatively systematic way, and the combined punishment for several crimes system was a quite mature one in Chinese traditional laws and system. Thus, in certain sense, the regulation of ancient law was specific and detailed characterized by strong degree of operability compared with contemporary criminal law, which shall be absorbed by us. Based on these facts, the dissertation also introduced the contemporary development of combined punishment for several crimes in our country and its contained feature. In addition, in view of the fact that the law system has many commonness, the dissertation gave an introduction to relevant regulation made by major western countries with the view that stones from other hills may serve to polish the jade of this one. The dissertation held the view that the continental law system has specified clearly the legislation of this system, while the Anglo-American law system has also regulated the condition about plural crimes occurred injustice in terms of legislation despite that the Anglo-American law did not pay attention to the issues about plural crimes. These two kinds of laws share few common points with the combined punishment for several crimes system in our country in the aspect of method of legislation, but there are still a lot of points that are worthy of being adopted by us.The second chapter of the dissertation was titled as "Value Theory of Combined punishment for Several Crimes System" which discussed the necessity and rationality of existence of combined punishment of crimes system as well as the nature of this system from the perspective of value. The dissertation held the view that both theory of retribution criminal punishment and basic principle of criminal law adaptive to crime and punishment decide that it is necessary for us to execute combined punishment for several crimes system. Along with the continuous permeance of humanism, the justice of objectivism, as the basic orientation of criminal law determines the rationality of this system's existence. At the same time, from the perspective of system, the combined punishment for several crimes system refers to the sentencing system and deals with issues concerning how to make punishment and how to sentence crime after the basic problems such as conviction of crime and crime number. In other words, when it comes to combined punishment of crimes, the several crime is the prerequisite and combined punishment is the core, therefore, the combined punishment for several crimes could be mainly summarized as the sentencing system instead of conviction method in the field of criminal law, and the nature is the mergence of punishment instead of mergence of crime.The third chapter was titled as "Theory of Plural Crimes in Combined punishment for Several Crimes System". Combined punishment for several crimes is a kind of system applicable to criminal punishment in nature, but it is not only a kind of criminal punishment system as it firstly bears close relation with the crime theory. Existence of combined crime is the prerequisite of applicable combined punishment of crimes, and no combined crime means no combined punishment for several crimes. Therefore, this chapter mainly analyzed how to understand the combined crime involved in combined punishment of crimes. This dissertation analyzed the standard of distinguishing single crime and plural crimes in the first place and held the view that the theory of component parts of conviction shall be regarded as the standard of distinguishing single crime and plural crime, and component parts of conviction could only be explain whether the behavior has composed plural crime and could not completely differentiate single crime and plural crimes. Based on these facts, the dissertation analyzed some cases which involve single crime in form and plural crimes in nature and shall be executed in accordance with combined punishment. Furthermore, plural crimes often do not occur simultaneously, and not all plural crimes should be dealt with by combined punishment. Thus, how to determine the applicable scope of combined punishment for several crimes becomes the significant content when studying combined punishment of crimes system. The dissertation viewed that in accordance with stipulation of Chinese criminal law, the combined punishment for several crimes system in our country regards the conviction of plural crimes as the last time limitation applicable to combined punishment before the criminal punishment is executed. To sum up, the chapter analyzed those plural crimes of a kind that are the controversial focus in the academic circle. The dissertation considered that whether the plural crimes of a kind shall be treated in combined punishment depends on different stages, i.e. generally speaking, plural crimes of a kind shall not be dealt with by combined punishment before the judgment, but could only be taken as plural crimes under the special occasion such as leakage of the guilty of a kind is recognized during the period of executing the criminal punishment, but the basis for re-recognizing single crime could not be found since the previous crime has been judged and executed.The fourth chapter was titled as "Theory of Combined Punishment in Combined punishment for Several Crimes System". When it comes to this system, the plural crimes are prerequisite and combined punishment is core. If the differentiation of plural crimes is the prerequisite and basis of solving combined punishment for several crimes system, then the appropriate principle and method of combined punishment will be conducive to realizing the purpose and value of this system. The dissertation held the view that it is reasonable for our country to adopt comprehensively the principle of limitative aggravation and to doctrine of accumulation of punishments and absorption principle on the basis of different principle of combined punishment and analyzing their advantages and disadvantages respectively. However, these three principles are over-simplistic themselves and are unable to solve many problems occurring in the judicial practice. Thus, the dissertation next discussed how to adopt the combined punishment in terms of various kinds of limited-freedom punishment and the application of combined punishment concerning supplementary punishment. The dissertation viewed that the subtraction of various kinds of limited-freedom punishment is realistic, reasonable and feasible, but the theory of successive execution shall be adopted in terms of various kinds of limited-freedom punishment before the criminal legislation is clarified, as our relevant judicial documents adopt the theory of successive execution. The dissertation also conducted deep analysis about the application of combined punishment of supplementary punishment, basic principle, and principle of limitative aggravation of a kind as well as various kinds of accumulation of punishments. In conclusion, the dissertation discussed in detail the specific methods for combined punishment for several crimes on different stages owing to the fact that combined punishment of crimes is not only applicable to stage of convicting plural crimes before judgment but also to stages in which leakage of crime is recognized after the sentence and in which new crime is convicted after the sentence.The fifth chapter was titled as "Theory of Relationship between Combined punishment for several crimes system and Other Criminal Punishment System". As a system of judging criminal punishment, the combined punishment for several crimes will inevitably involve other systems of judging criminal punishment such as systems of recidivism, probation and subtraction. The combined punishment for several crimes system interrelates with these systems of criminal punishment. In view of the complexity of judicial practice and the nature of undistribution of legal regulation, how to apply this system during the period of intersecting and combining the combined punishment for several crimes system and other systems becomes the issue need being studied by us. The dissertation firstly discussed the relationship between the recidivism and plural crimes and considered that we shall understand the recidivism and completion of execution of criminal punishment in the field of combined punishment for several crimes differently and fully, i.e. even if the previous punishment has been executed to a completion but the supplementary punishment has been executing and meets the component parts of recidivism, the recidivism shall be regarded. In consideration of that supplementary punishment has not been executed or has been executing, this supplementary punishment shall be applied to corresponding methods of combined punishment of crimes. To recidivist bearing plural crimes, the method of heavier punishment firstly and then combined punishment shall be adopted respectively, in other words, the heavier punishment shall be adopted to those crimes of recidivism and not be executed to non-recidivism crime. In the next lines, the dissertation discussed the application of probation and combined punishment of crimes. Firstly, concerning the issue whether the crime that has undergone the combined punishment for several crimes is applicable to probation, it held the view that if the criminal punishment of a criminal meets the basic prerequisite condition of probation and other terms of probation, the criminal shall be judged and sentenced as probation. New crime recognized during the probation period or leakage crime recognized before the judgment shall be applicable to probation again even if these crimes meet the criminal condition applicable to probation after the probation and combined punishment for several crimes has been revoked, since those crimes do not meet the substantial condition for application of probation. After the period of probation expires, if there is still other crime that is recognized to be not judged before the judgment is announced and is non legal condition of revoking probation, this crime shall be sentenced only in accordance with stipulation of criminal law. On the contrary, if new crime is convicted during the period of probation, no matter it is recognized during the period of executing probation or after the period of executing probation, the probation shall be revoked and the previous punishment and new punishment shall be combined in accordance with combined punishment of crimes. Meanwhile, the dissertation discussed the application of combined punishment for several crimes when leakage crime and newly-convicted crime are recognized during the process of executing subtraction.In the conclusion part, the dissertation made several proposals mainly for the orientation of perfecting the criminal legislation in the future in terms of combined punishment for several crimes system in our country. The basic tenor is that the blind point existed in the aspect of combined punishment for several crimes in criminal legislation of our country will be eradicated through the clear stipulation of criminal legislation.
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