Graft System Research

This article discusses the following three problems on concurrent punishment for several crimes of mainland China: the justification of the limitative aggravation principle and how to perfect it, how to punish plural crimes of the same kind, the concurrent punishment principles of all kinds of penalties in our country.The limitative aggravation principle is justified for its justice and utilitarian. But judges enjoy too much discretion in using the limitative aggravation principle, which lacks sound reasons in criminal law theory. We should pay more attention to the studies of quantification of the limitative aggravation principle. The author suggests that the circumstances of several crimes should be considered respectively in judging the correspondent individual crime, and the final penalty should be worked out straightly by the arithmetic formula with the original penalties of individual crimes.Three different viewpoints coexist on how to concurrently punish several crimes of the same kind in academies: taking as one severe punishment of a crime, concurrently punishing the plural crimes of the same kind and taking the above two measures respectively, of which the last viewpoint is most popular. However none of them meet the demand of proportionate punishment principle. This defect, the author believes, results from our penalty system itself. Our current penalty system should be improved and all the plural crimes of the same kind should be concurrently punished.The disputes about the specific concurrent punishment measures for certain type of penalties are mainly due to the defective provisions in our criminal law. Therefore, concurrent punishment measures should be based upon the legality principle and the natures and characteristics of each type of penalty. That is to say, the measure of accumulating punishment should be adopted in concurrently punishment of the public surveillances and criminal detentions and fixed—term imprisonments; the measure of limitative aggravation should be employed in concurrently punishing criminal detentions and fixed—term imprisonment, treating the term of criminal detentions equally as that of fixed—term imprisonment. The measure of accumulating...