The Applicable Problems And Solutions Of Combined Punishment For Several Crimes

The system Combined punishment for several crimes is one of the penalty discretion system, it means that the people’s court for several crimes made by one person respectively after the criterion for the conviction, in accordance with the combined punishment method, the decision shall implement the system of punishment. Combined punishment for several crimes as a punishment for system, is widely applied in practice, due to the complexity of real case of diversity, coupled with the lag of law itself lead to the emergence of a lot of problems, the application of the logarithmic crimes caused a lot of trouble. The case in real case as foothold, which leads to the practice, the application of the combined punishment for several crimes system problem, through the research of the analysis of the related theory, trying to get the idea to solve the problem, hope to be able to apply to the solution of the problem solving combined punishment for several crimes. This paper is divided into four parts:The first part: regarding problems of combined punishment for different kinds of fixed-term freedom penalty. This part by introducing two cases, leads in the case of the law does not have specific provision, about different kinds of fixed-term freedom penalty regarding the applicable mess. Position summary relevant judicial explanation, then to interface evaluation of academic debate. Finally it is concluded that, for different kind of fixed-term freedom penalty, subject and shall apply the principle of the conclusion.The second part: regarding problems of additional deprivation of political rights. This section contains two big problems: Some additional term of deprivation of political rights regarding the problem, and the additional deprivation of political rights during execution and new sin regarding the problem. Also are made by relevant applicable in specific controversial case raises a practical problem, and then the related problem involves the theory of evaluation, and then find the author agrees with the point of view, on the argument. To the first question, to solve the problem is divided into two parts, the first several supplementary punishments for card, and then to determine the effectiveness of the supplementary punishments.The third part: Sentences used in the combined punishment for several crimes. Combined punishment for several crimes system is a very wide range of criminal law, this part discusses the commutation system is used in the problems of combined punishment for several crimes. Article is through the guidance of typical cases controversial bigger of the two problems: commutation and found leakage problem of combined punishment for sin, and found that after their sentences commuted before new sin regarding the problem again. Through analysis it is concluded that the key to the problem lies in the understanding of commuted applicable condition and the new crimes, leakage on the relationship between sin and commutation condition. Decided: found leakage sin shall after commutation of punishment and crime punishment for combined punishment; And new sin, should be discussed points situation.The fourth part: Leakage of sin, the new problem of combined punishment for sin. First and through the introduction of related dispute cases, caused the problems existed in the practice. First is leakage found that the problem of sin, that is, a organ to make what kind of behavior can be identified as found leakage. Leakage of sin found that the problem is a very important problem, it is related to whether combined punishment for several crimes and sentence discretion, worthy of our study. Then discuss both sin and new sin regarding the leakage problem, The Chinese criminal law definitely prescribes that the crime of leaking found or new sin again regarding the methods, but in the case of the two concurrent, what treatment there is no direct legal basis, but shall, according to the principle of conform to the legal intention selection method to resolve the problem, in this paper, on the basis of the analysis is and research thinks that the method of combined punishment separately judgment or order is more desirable.