Research On Several Problems Of Concurrent Punishment System For Several Crimes

The system of concurrent punishment for several crimes is the system of merge punishment based on certain methods of concurrent punishment when the identical person commits some crimes before pronouncement of judgment, some omitted crimes or fresh crimes of his are found after pronouncement of judgment but before the completion of punishment or during probation period for parole and commutation. The principle of concurrent punishment for several crimes includes cumulative principle, absorption principle and limitative aggravation principle. After making comparisons between foreign and domestic legislations about the principle of concurrent punishment for several crimes and making comments on the opinions of criminal law experts, cumulative principle and absorption principle have some shortcomings and can be perfected by distribution of related systems, but limitative aggravation principle should be abolished because that this principle not only violates principle 1 of suiting punishment to crime and deviate from the justice of the law, but also goes ill with reforming criminals. In China, to several crimes of one kind, Crime of Amount should be punished based on accumulative amounts, and the others uses concurrent punishment. After contrasting and drawing lessons from foreign countries, punishment against freedom of different kinds should be commutated and carried on one by one.The concurrent punishment between supplementary punishment includes concurrent punishment between the same kinds and the different kinds. Cumulative principle and cumulative principle or absorption principle should be adopted in the above two situations respectively.