On The Punishment Principle Of Implicated Offense

Implicated offense and the punishment principle of it are extremely important problems in the theory of criminal law.Based on the view of retaining the theory of implicated offense,the thesis analyzes the reasons of the controversy in the theories field and in the judicial department,which concentrate on how to punish the implicated offense,and considers the elements with which install the principle of punishment,then come to a reconstruction of the punishment mode of implicated offense.The paper is markedly divided into preface and three parts.The preface introduces that implicated offense has been facing an advocacy-and-abrogation controversy.The author insist that as one form of crime quantity in criminal theory,the implicated offense should be paid more attention.PartⅠ: The arguments about how to commit the implicated offense.Implicated offense is an offense in which an offender committed a crime as his aim,while the method used to commit the crime and the act of consequence contravene the other charges.There are different ideas about how to punish the implicated offense in both legislation and theory field.Firstly,the punishments principle of implicated offense in the legislation are various including all kinds of the principles existed,corresponding the different cases of the implicated offenses.Secondly,there are different viewpoints on the principle of punishment among the scholars,and each theory is supported by many scholars and theoretical arguments.PartⅡ: The rational thinking of the punishment principle of implicated offense.This part is composed of two questions.For one thing , an analysis is made on the reasons of the controversy.There are three reasons which contribute to the argument according to the author.The first one is that in the legislation no agreement is made on punishing implicated offense.The second reason is the complicacy of the complicated offense,which has multiple types and cross relationship with other offenses.The last one is the research condition.Different opinions on the basic theory of implicated may lead to different attitudes toward the punishment principle.For another thing,the author selects three factors which determine the principle of punishment.Firstly,the punishment principle should be in favor of carrying out the objectives of punishment.Secondly,the punishment principle should follow the value of the criminal law.Lastly,the punishment principle must in accordance with the principle of prohibition of double evaluation and the principle of full evaluation.PartⅢ: The reconstruction of the punishment principle of implicated offense.The author believes that the punishment principle of implicated offense must be single . However , it is from the present legislation circumstances in our country that the author draws to a conclusion that the implicated offense should be treated differently in judicial department.On the one hand,the implicated offense which from the legislative provisions must be dealt with in accordance with the legal principle.On the other hand,the other part of implicated offenses should be punished by the principle of〝choice of the most serious offense and the more severe punishment〞.