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Research On Concurrent Punishment Of Fine Punishment

Posted on:2013-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:X J PanFull Text:PDF
GTID:2246330374988838Subject:Law
Abstract/Summary:PDF Full Text Request
The concurrent punishment of principal penalty in several crimes is relatively clear in China’s criminal law, while there is no provision about which principle should be taken in several supplementary punishments of several crimes. Article69, Section2of the Criminal Law states that if among the crimes there is any for which a supplementary punishment is imposed, the supplementary punishment shall still be executed. Among them the supplementary punishments are of the same type, executed concurrently, of different kinds, respectively carry out. Executed concurrently refers to the use of principle of limitative aggravation and absorption principle, each enforce refers to the use of doctrine of concurrent punishments. Fine punishment and fine punishment belong to the same species of supplementary punishment, should be executed concurrently. At the same time, denying the accumulative method of concurrent punishment of fine punishment stated by some issues of the punishment for property regulation of the supreme people’s court and using doctrine of concurrent punishments. Consideration should be given to the offender’s actual ability of paying the fine when applicable. The maximum level should be the criminal all property for personal ceiling, and the penal sum of the concurrent punishment should be distinguished with confiscation of all the property on account of leaving the necessary living cost to the criminal. The determination of specific amount of the fine should below the sum fine and higher than the maximum penalty. It depends on the free measurement of the judge, using the method of medium line. It was found some crimes omitted after the judgment should follow the principle of reduction after combined sentence to determine the fine punishment, and criminal’s new property during this period is not in the list of consideration. While those who have been found newly committed crime after the judgment should follow the principle and criminal’s new property during this period should be taken into account.
Keywords/Search Tags:financial punishment, combined punishment of several offenses, principle of limitative aggravation, doctrine of concurrent punishment, themethod of medium line
PDF Full Text Request
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