Exploration On Implicated Offense And It's Punishment

Implicated offense is a very important one of the theory of the forms of offense numbers, and it is also a rather complicated problem.This article firstly analyses several basic issues of implicated offense, including history, concept, character, implicated relationship and the distinctions between implicated offense and other similar offenses. The second part of this article introduces the conditions of implicated offense in other countries and areas. After that, this article emphatically explores the punishment of implicated offense. In our country, there is no specific regulation about implicated offense in the general principles of criminal law, but in some sub-principles and judicial interpretations, different rules of punishment are represented. And in the case of implicated offenses which are not regulated in the law, the treatments of the court are different from one to another. So, the judicial practice in our country is quite confounded. And in the theory of the punishment of implicated offense, some scholars hold the principle of"choice of the most serious offense and the most severe punishment"; some scholars hold the principle of combined punishment for plural crimes; some scholars consider that the theory of implicated offense should be abolished, etc. Finally, on the basis of the constitute of the crime, which is the standard of judging the number of the crimes, this article considers if the crime accords with one constitute, it is one crime and fellows the principle of"choice of the most serious offense and the most severe punishment"; if the crime accords with several constitutes, they are plural crimes and fellow the principle of combined punishment for plural crimes .