Judicial Application Of Concurrent Punishment For Several Crimes And The Consummation Of The System

The system of concurrent punishment for several crimes is the system of merge punishment based on certain principles and methods when the identical person commits some independent crimes which can't be sentenced to a crime. In Chinese, there are nearly no changes in the system after the revision of criminal law. It is insisted that the principle of limitative aggravation is the main principle and the principles of absorption and cumulation are the auxiliary principles. Moreover, the disputes and difficulties in judicial practice aren't solved in legislation. The legislations of the system in civil law countries are explicit and concrete. Though it is not regarded as an important study in Anglo-American law system, they also give provisions aiming to resolve the issues occurring in judicial practice. In spite of many differences between Chinese and foreign legislations, there are still many aspects in foreign legislations that can be modeled. A few scholars take the system only as a penalty system. They don't grasp the significance and value of concurrent punishment for several crimes. In fact, the application of the system passes through to the entire process including conviction, punishment and execution. It isn't the truth that the system limits to the discretion of punishment domain. The development and consummation of the system means that we should take the comprehensive assurance about it. One of the characters of criminal law is fairness and justice which determines the existence, development and consummation of the system. In conviction, the application of the system mainly focuses to the definite standard of the crime number and the scope of merge punishment. In punishment, the application of the system mainly focuses to the possibility and effect of the punishment. In execution, for involving many other penalty systems, the application of the concurrent may meet all the questions above. Aiming at solving the questions which appear in judicial practice and consummate the system in legislation, the elementary theory and the comparison between Chinese and foreign legislation are studied. In this foundation, based on the concrete requests in different judicial stages, the disputes and difficulties in judicial practice are analyzed one by one. In the stage of conviction, the problems mainly include the crime number and the concurrent punishment in unit crime. In the stage of punishment, the merge punishment of different principal punishments and supplementary punishments are studied. And it is possible to happen that the recidivism and several crimes have the superposition which should to deal with. In the stage of execution, when the system of suspension, parole or commutation takes effect, it may be found another crime that the criminal committed before the judgment is pronounced or again commits in execution. Generally speaking, according to the existence significance of the system, a lot of new opinions are put forward in the article.