Elementarily Researching Of The Type Of Concurrent Punishment For Several Crimes

The system of concurrent punishment for several crimes is one of the penalty discretion system , it means that the People's court determines guilt and discrets punishment separately for several crimes in some time, then decides what penalty should be carried out according to the criminal law stipulates. There are several specific provisions in Chinese criminal law, but there are very disorderly and lack an explicit standard to the appliance of concurrent punishment for several crimes. The reason lies in the shortage of criterion of several crimes , and some offense is similar different kinds of several crimes, but it is one crime in criminal law or referee in fact, therefore can not instruct Judicial practice.I have gathered data around the key words, such as"concurrent punishment for several crimes","the object of concurrent punishment","the standard of several crimes","implicated offenders","combined offenders"in China Journal Net. There are 155 according with this topic. At last, I choose some of them as my reference material.Through studying of the related data, I have found that many scholars pay most attention on the rule of combined punishment ,no realization of the determination of several offenses, even though such article is the premise and foundation of practicing the system of concurrent punishment for several crimes. There are three reference points in this article which are attempted by the writer. First, the writer makes some charts to express clearly and directly. Second, exercising comparison in chapter two, to point out the differences between similar or neighboring articles. Finally, the writer proposes own opinions ,such as the standard of several crimes, the objects of combined punishment for several offenses, understanding of some articles, the intention of legislators ,and so on.The article is distributed to four chapters.Section1: The propose of question. Briefly introducing the concept, the basic characteristic, and the practical significance of the concurrent punishment for several crimes, listing systematically all the articles of the concurrent punishment for several crimes in Chinese criminal law.Section2: Research on the type of concurrent punishment for several crimes. Classifying all the provisions into three types: concurrent punishment of organizing offenses, of implicated offenders ,of raping offenses, and figuring out those uncoordinated articles.Section3: The standard on the practicing of concurrent punishment for several crimes. Excluding some similar offense from different kinds of several crimes, defining implicated offenders strictly, considering some provisions as combining offense.Section4: Reflecting the provisions about concurrent punishment for several crimes, and elementarily analyzing the intention of legislators In the process of writing, lack of rich and well-knit knowledge, so there is deficiency which the writer hopes to be pointed out and instructed by teachers and schoolmates in the thesis.