Study On Distributing Penalty For Several Crimes

Distributing punishment for several crimes is distributing punishment for crime that is in modality of several crimes. It is not regarded as an important study in Anglo-American law system and it is very random in civil law countries. Most scholars' research is very superficial in China. In a word, there is no one who research the problem in all round way and deeply in the world. Because of the randomness in learning and absence in legislation, the judge don't know how to deal with this sort of case in practice, so to solve this problem is greatly useful in theory and reality.The way of merger of offences is fit for distributing punishment for plural crimes of the same kind, that is distributing punishment for a crime which is equivalent with the plural crimes of the same kind. For example cumulating the amount or giving heavier punishment, Through operating the punishment of every crime we can get the punishment of several crimes, This process is called concurrent punishment for several crimes. There are three principles in concurrent punishment for several crimes, including principle of absorption, cumulation and limitative aggravation. They have justification in their own area of application, and principle of limitative aggravation is in the most common use. With the increase of the maximum term, more restriction is found. And this rule can be expressed by formula. This discovery paves the road for working out the problem in legislation.As a different kind of several crimes, the distributing punishment principle for implicated crimes is less concurrent punishment. Range of punishment and kind of punishment for a single crime can fill the need of distributing punishment for several crimes, so it is not necessary to set range of punishment and kind of punishment that is different from those of a single crime. Limitative aggravation should be the mainprinciple for the concurrent punishment of different kind of principal punishment, and it is not necessary to convert the different sort of principal punishment. Because there is no uniform idea of distributing punishment in articles on several crimes, we should card the law with basic sense of distributing punishment for several crimes.