On Implicated Offence Should Be Combined Punishment For Several Crimes

In our criminal theory Implicated offence is an important concept of several forms. Implicated offence refers to the implementation of a crime, the method for the purpose of behavior or violate the act and other charges of criminal. Because our country criminal provisions on the principle of Implicated offence penalty, but in part of the crime of Implicated offence stipulates the punishment principle, but due to the specifics of the provisions inconsistent, some provisions prescribed punishment from a heavy, some regulations is a combined punishment for several crimes. Therefore, the criminal law theory and judicial practice, how to Implicated offence departments shall be punished produced great controversy. In view of this, it is necessary for the punishment Implicated offence principle of further research, clear what Implicated offence shall, in accordance with the principle of punishment, can not only to clarify the present Implicated offence punishment principle theory and the judicial practice strife in dealing with problems of punishment Implicated offence help, have important practical significance. In this paper that shall conform to the principle of a legally prescribed punishment from field theory and method, the crime of fairness and justice in the field of criminal law, adapt to the requirements prescribed principles, and to explore the punishment principle Implicated offence last, it concludes the French Implicated offence should be combined punishment for several crimes, the conclusion of this conclusion in criminal legislation and judicial practice.This paper will be divided into four parts:The first part, the standard of Implicated offence. In this part, the author first introduces the concept, think Implicated offence should point in a final criminal offender, its purpose under criminal means the behavior or other crimes and breaking of behavior. Next to the implications that, the author thinks that shall adopt the compromise that view, namely that several behavior to its nature in general is usually means or the relationship, and also know the offender subjectively between the involvement with the results.The second part, the principle of punishment Implicated offence. In this part, the author firstly introduces the theory of criminal punishment principle about Implicated offence several views, mainly from a heavy penalty from a heavy penalty principle, principle, principle of compromise and principle of the combined punishment for several crimes. Secondly, appraise the theory of Implicated offence.The third part, shall apply to Implicated offence combined punishment for several crimes. In this part, the author demonstrated detailed Implicated offence shall apply for a combined punishment for several crimes principle of reason, basically have the following: one is to apply a combined punishment for several crimes in conformity with the principles of criminal theory, 2 it is applicable to combined punishment for several crimes principle of suiting punishment to accord with principles, Three is applicable principle accords with a combined punishment for several crimes on the legislative trend Implicated offence punishment.The fourth part, need to clarify the issues. In order to fully, fully demonstrates Implicated offence shall apply for a combined punishment for several crimes, according to the principle of possible for this question, the author of the view from the following three aspects: one is the response to a combined punishment for several crimes shall be punished by principle and behavior, this paper argues that the behavior of punishment shall not constitute the basic Implicated offence, 2 is a combined punishment for several crimes and principle of prohibition against double principle of evaluation, this paper suggests that number is Implicated offence itself to its credit, therefore not to act against the two principles, and banned repeat itself defect evaluation principles, 3 is a combined punishment for several crimes in the existing legislation principles and regulations, this paper argues that can interfere with criminal law of Implicated offence existing provisions expressly for criminal judicial applicable, another theory has also made its own understanding.