Research On The Difficult Questions Of Concurrent Punishment For Several Crimes

The concurrent punishment for several crimes, is the present age various countries criminal activity legal regime important content, it took one of penalty suitable basic systems, in short, is violates the number crime merge punishment to one person the system. May see from the judicial practice, the concurrent punishment for several crimes system is suitable the penetration in to determine guilt the complete process which, the discretion of punishment as well as executes, but limits not merely to the discretion of punishment domain. Concurrent punishment for several crimes correlation question thousandth of a Yuan clear regardless of can have the beneficial influence regarding the criminal law theory consummation or the criminal judicature practice, therefore to the theory knowledge as well as in the correlation legislation stipulation, the judicial practice hard problem which its involves and so on has the necessity which the system studies. This article mainly the concurrent punishment for several crimes hard problem conducts the analysis research from six parts to our country judicature practice in, attempts to propose my own view and suggested:First part: This part briefly introduced the concurrent punishment for several crimes system concept, the basic characteristic, the historical development and its the practical significance. Second part: Concurrent punishment for several crimes is applicable scope correlation question discussion. Article through with overseas criminal law concurrent punishment for several crimes applicable scope comparison, has evaluated our country criminal law about the concurrent punishment for several crimes applicable scope stipulation. Then to homogeneous number crime whether needs and punishes launches the analysis, proposed generally should pick regarding the homogeneous number crime as soon as punishes said, but punishes the possible flaw or does not conform to under the crime punishment suitable principle situation, is viewpoint which should adopt and punish.Third part: Mainly is centering on in the judicial practice principal punishment and supplementary punishment each penalty method and punishes launches the analysis, the article mainly aims at our country criminal law stipulates and punishes the principle to the limited free punishment, in the practice homogeneous supplementary punishment with heterogeneous supplementary punishment and punishes the existence the dispute theory to carry on the evaluation, and the model correlation foreign country criminal law legislation pattern, in this foundation, proposed a series of legislations consummate the suggestion.Fourth part: The concurrent punishment for several crimes is suitable in the suspension of sentence system the problem analysis. After the article discussed the suspension of sentence test to expire discovered "leaked the crime" and committed "the new crime" the concurrent punishment for several crimes question, and whether after abolished the suspension of sentence concurrent punishment for several crimes to be suitable again suspends sentence, after the suspension of sentence system suitable prerequisite, the suspension of sentence cancellation system, the suspension of sentence system function three angles comprehensively analyzed the cancellation suspension of sentence to be suitable the concurrent punishment for several crimes not to be able to be suitable once more suspends sentence.Fifth part: With commutes a sentence the related concurrent punishment for several crimes question. With commutes a sentence there lated concurrent punishment for several crimes question also is one of our country criminal law concurrent punishment for several crimes system constituents, in the legislation regarding the suitable condition which commuted a sentence has made the detailed stipulation, this kind of explicit objective standard could avoid commuting a sentence the system to be suitable freely to decide after deliberation at will. But after commutes a sentence discovered leaks the crime, the new crime, our country law not explicitly stipulated, causes theoretically regarding to commute a sentence rules whether abolishes the viewpoint to be different, in judicial practice procedure respectively different, therefore the urgent need formulation judicial interpretation consummates.Sixth part: The penalty will carry out finished later to commit the new crime or the discovery leaks the crime and punishes the question. The article union criminal law related "the penalty carries out finished" the stipulation, performs to it to be clear about the limits, then will analyze the penalty to carry out finished later to discover will leak the crime, also has the penalty which the new crime as well as the process commuted a sentence to carry out finished later to commit the new crime and the discovery leaks sentences the crime and punishes the question, simultaneously the logarithm crime recidivism carried on the detailed explanation with the concurrent punishment for several crimes question, finally proposed in view of the fact that the number crime recidivism situation in the judicial practice the massive existences, the legislator must aim at this question, made the explicit stipulation as soon as possible.At last, this paragraph concluded the whole article, the practice the concurrent punishment for several crimes not only the three circumstances, but also more complex questions , this appeal us to further study this system .