Study On Accessory Penalty

Accessory penalty, also called subordinate penalty, is an applied penal method subordinate to, supplementary to, independent of or attached to the principal penalty in the penal system. The structure of the penal system in all countries of the modern world is generally divided into the principal penalty and the accessory penalty in order to meet the demand of punishing various crimes. There are a lot of thorough studies on the principal penalty but relatively little discussion on the accessory penalty in the penalty theory. The systematic discussion on both the principal penalty and the accessory penalty will helpful for the continuous development of the penalty theory, promotion of the functions of penalties and realization of the purposes of penalties. This paper discusses and deals with the relevant problems of the accessory penalty in six chapters, based on the regulations of the accessory penalty of the criminal law of our country and judicial practice and in combination of relevant foreign regulations.Chapter 1, summary of the accessory penalty. The attributes of the accessory penalty different from the principal penalty are dealt with in concrete aspects. The first is its subordinateness. The accessory penalty is subordinate and secondary to the principal penalty which is in the dominant and important position. The second is its supplementarity. The accessory penalty generally exists as the supplement of the principal penalty in the penal system. When the principal penalty still imposes inadequate punishment on a crime, the accessory penalty can make up the weakness of the principal penalty. The third is its relative independence. The accessory penalty, independent of the principal one, can be regulated in legislation, inflict punishment in judicature and be realized in enforcement. The fourth is its lightness and slowness. The accessory penalty is light and slow because of the estrangement of the subject of rights from the rights which are deprived of and limited and easing of subsequentsuffering and deterrence. The lightness and slowness of the accessory penalty also determines its subordinate, secondary and supplementary position in the penal system focusing on the principal one. The fifth is its attachability, that is to say, applied as the penalty attaching to the principal one and also independently applicable, but the principal one can only be applied alone and cannot be applied as another principal one or accessory one.Chapter 2, history of the accessory penalty. Although the concept of the accessory penalty was produced in the early period of the 19th century in France, the penal content carried in this concept has a long history. The first is the history of foreign accessory penalties, dealing with the existing tracks of the accessory penalty in the Revenge Age, the Intimidating Age and the Humanity Age since it occurred in the West. The second is the history of the accessory penalty of our country from the uncultivated age of penalties in the Xia, Shang and Zhou Dynasties to the founding of the People's Republic of China. The third is to briefly deal with the similarities and differences between the connotation of the accessory penalty of the ancient times and the one of the modern and contemporary period. Both are similar generally in the aspects of subordinateness, supplementarity, relative independence and attachability, etc.. The former one is the method of abuse of penalties of the rulers or the automatically applied penal method to punish crimes, and the latter one is the result of a certain period that the subject of the criminal law develops to.Chapter 3, comparison of the accessory penalty of all modern countries. The divisions of the principal penalty and the accessory one of all the countries are differentiated, with the regulations of the accessory penalty in the legal systems of the mainland, the US, Britain and Russia, etc. briefly introduced. In the countries of the mainland legal system, the accessory penalties of France, Italy and Germany as well as Japan are introduc...