The Research Of Multiple Crimes Being Punished As One Crime

According to social customs, one crime deserves one punishment, multiple crimes deserve multiple punishment. But why does the judiciary only gives one punishment to the continuous guilty, the implicated guilty and the absorption guilty. It must have a solid reason. The paper argues that:whether the standard is correct or not determines whether it is based on the rules of "principle of the right way to punish a crime". If the way we punish these guilty is right to the principles, then the continuous guilty, the implicated guilty and the absorption guilty should be keep using. Otherwise, these guilty should be removed out of the criminal law.There are more problems within and out of these three guilty. First, scholars disagree with each other about character of the continuous guilty, the implicated guilty and the absorption guilty. Second, because of that, judges disagree with each other when they trial the cases. Third, scholars disagree with each other about the character of the continued guilty, the collection guilty, the coincidence of imaginative guilty, the coincidence of law guilty, the combine guilty and the guilty of aggravation result.Based on the above ideas, this article is divided into six parts. Now its contents are as follows:The first part is the introduction, which introduces the main contents of this paper, the theoretical tools to study, the significance, the books and papers which had already studied on this subject, the research methods, the basic ideas and the logical structure of this paper.The main contents of the second part is to analysis the nature and the character of the continuous guilty, the implicated guilty and the absorption guilty. The paper argues that:the nature of the situation is multiple crimes being punished as a crime. It differs to a crime that:there are multiple behavior in the continuous guilty, the implicated guilty and the absorption guilty, and there is only one behavior in a crime. It differs to the situation when multiple crimes being punished as a crime in law is that:whether it is based on the law.The main contents of the third part, is to analysis the reason why multiple crimes should be punished as a crime. The paper argues that:whether the standard is correct or not determines whether it is based on the rules of "principle of the right way to punish a crime". And it is right to the rule when we trial the case of the continuous guilty, the implicated guilty and the absorption guilty. This is the innovation of this article.Compares to the bad effect to the society in the situation of criminals carry out multiple crimes between which there is no relation with each other. The bad effect is lower in the situation when criminals carry out the continuous guilty, the implicated guilty and the absorption guilty. In conclusion, we can not give multiple punishment to the continuous guilty, the implicated guilty and the absorption guilty as we trial the cases of common multiple crimes. In the mean time, the essences of these three crimes are several crimes, so it can not be carried out as it is a crane.The main contents of the forth part, is to analysis the characters of the continuous guilty, the implicated guilty and the absorption guilty. This paper argues that:the continuous guilty is based on the same continuous criminal intent, several continuous behaviors, and committed the same accusation. The implicated guilty refers to the situation that with the final purpose of the crime, the criminal carry out several behaviors between which one behavior is the method to the purpose, and one is the determined consequence of the purpose. And those behaviors commit different accusation. The absorption guilty refers to the situation that with one purpose, the criminal carry out several behaviors invade the same target between which it has consecutive relations. There are different characters between the continuous guilty, the implicated guilty and the absorption guilty. So we can not replace these three with each other. That is also why we differs the situation of multiple crimes being punished as a crime as the continuous guilty, the implicated guilty and the absorption guilty.The main contents of the fifth part, is to analysis the characters of the continued guilty, the collection guilty, the coincidence of imaginative guilty, the coincidence of law guilty, the combine guilty and the guilty of aggravation result. The paper argues that:the continued guilty refers to the situation when a behavior is carried out to the same object, while the behavior and lawlessness is continued in the same period. The collection guilty refers to the situation when criminals want to implement crimes the time they want to, although there are several behaviors commit several crimes, they are punished as one crime according to the criminal law. The coincidence of imaginative guilty refers to the situation that several accusations were caused by a single behavior. The coincidence of law guilty refers to the situation that several accusations were caused by a single behavior, between these accusations we can chose one accusation to judge the case overall. The combine guilty refers to the situation that several accusations were combined to a new accusation according to the criminal law. The guilty of aggravation result refers to the situation that aggravation result happens when criminals carry out the basic behavior, and it can be punished according to the criminal law.The sixth part as the last part of this paper, its main contents are to summarize the contents from the first part to the fifth part. This paper argues that:the continuous guilty, the absorption guilty, the implicated guilty are reasonable to be the punished as one crime. And they differ from each other with diffrernt characters, so they can not be replaced with each other. And so did the continuous guilty with the the continued guilty and the collection guilty; the absorption guilty with the coincidence of imaginative guilty and the coincidence of law guilty; the implicated guilty with the combine guilty and the guilty of aggravation result. They can not be replaced with each other either.