Discuss The Combined Punishment For Several Crimes In Specific Provisions Of Criminal Law

Combined Punishment for Several Crimes is a combined penalty regulation for the judicial departments in terms of particular principles and methods that when a person who commits several crimes. As the result of the combined punishment is suitable for all the crimes, different countries stipulate this regulation in the general provisions of criminal law is very common. The regulation of Combined Punishment for Several Crimes in our country is mainly stipulated by the 69th, 70th, and 71th clauses of general provisions of criminal law. Besides, there're several stipulations in the 77^th and 86th clauses. The specific provisions also have some stipulations about the Combined Punishment for Several Crimes.Since Combined Punishment for Several Crimes is one of most important parts of the punishment measurement regime of criminal law, the academic field of criminal law in our country paid a lot of attention on it.The author searched for CNKI finding 760 articles with the topic of combined punishment for several crimes from 1997 to 2000 in China Academic Journal, China Master Dissertations Full-Text Database and China Doctor Dissertations Full-Text Database.The author discovered the articles that only focused on the discussion about the regulation of Combined Punishment for Several Crimes in general provisions of Criminal Law,but there is one article relating to whether necessary and reasonable for the eight subsections of combined punishment for several crimes stipulated in specific provisions. It is still a bland area in how do we deal with the condition that when the several crimes does not stipulated of combined punishment by specific provions but they are similar to the 8 crimes?This article has been divided into three parts to analyze the rationality and necessity of the stipulations of Combined Punishment for Several Crimes in specific provisions and tried to solve the problem above during the analysis process. Then the judicial departments could avoid mistakes when they're using the stipulations of Combined Punishment for Several Crimes in of Criminal Law.The first part of this article listed all the stipulations of Combined Punishment for Several Crimes in specific provisions by using forms and expounded the relations between general provisions and specific provisions of Criminal Law. According to the 101st clause of Criminal Law,"the general provisions fit for all kinds of other laws with punishment stipulations, except the specific rules in other laws". The author think that the relation should be general provisions superintend specific provisions by analyze the clause above and views of other legists. But,because general provisions does not stipulated the conception of"several crimes",there is no relationship between general provisions and specific provisions in combined punishment for several crimes,Thus we cannot use the general provisions to superintend specific provisions that when there're no rules in specific provisions about the specific conditions.So,the next content will discuss whether we should apply the principle of combined punishment for several crimes to the eight stipulations in specific conditions? And how do we deal with the condition that when the several crimes does not stipulated of combined punishment by specific provions but they are similar to the 8 stipulations?The next part of this article classified the eight stipulations in specific conditions into five categories and analyzed them. The five categories are: organized-crime, methodological-crime, embraceable-crime, employ-crime and encumber frontier management crime. The author researched the structure of each crime and focused on comparison between each crime. And then according to the comparison to analyze the stipulations in specific conditions, make sure the character of each crime and distinguish the difference between legal fiction and provision of attention. The last part is the conclusion of this article. The author analyzed the rationality and necessity of these clauses by using the research of stipulations of Combined Punishment for Several Crimes in specific conditions above. Finally, based on the foundations of all the analysis, the author thinks that the current clauses should be revised. We need to reserve the clauses about legal fiction in specific provisions and erase the clauses about provision of attention. We also need to stipulate the conception of several crimes and implicate offender and principles of punishment to consummate our Criminal Law.