On The Combined Punishment For Selective Accusations

Sentencing of selective charges is currently a controversial, said national theory to list the selective crime punishment, but in the judicial practice for behavior a punishment cannot be adapted for a problem. Based on the problems in the practice, some scholars have put forward and the point of view (penalty) inconsistent view insist on selective charges that the same behavior person be subject to multiple crime.at the same time.also have scholars put forward the compromise view on the basis of single punishment and combined punishment for several crimes. The fights between academic view creates a sentencing debate about selective charges, triggered the theory and practice concern on the combined punishment for several crimes. In view of this, it is necessary to discuss the problem of selective charges of. This article is divided into four parts:The first part is the selective charges sentencing question discussion. This part mainly starts with the basic concept of selective charges first, respectively, the essay discusses the related properties of selective charges. Secondly analyze the selective charges principle of combined punishment for several crimes, to discuss the rationality of the combined punishment for several crimes and related theory, put forward the necessity of research on selective charges for sentencing. Finally, overviewthe relevant academic point of regarding the selective charges or not, raises major contention in this paper.The second part is to explore and research of single punishment, the part is mainly from the basic point of single punishment said, from the connection between the number of criminal law, the relevant provisions of the act and ban repeated evaluation principles to statement basic theory of the single punishment, and analysis of the single punishment said.The part is mainly to acknowledge some views and negation of single punishment said from subjetive intent and closely connection of behavior, and then sums up the advantages and disadvantages of single punishment said.The third part is to explore and research of combine punishment said, this part is mainly from the basic idea of combined punishment said, the angle of the foreign legislation for reference, the penalty purpose statement regarding the basic theoretical basis, to analye the combined punishment said.Evaluation of the part mainly from the definition of "crime" in criminal law, the significance of combined punishment for several crimes to summed up the progressive significance and insufficient of combine punishment said.The fourth part is to explore and research of compromise said, this part is mainly from the basic idea of compromise said, from the concept of "guilty as punishment", the relationship between combined punishment and ban repeated evaluation principle to statement the cause of presenting the personal identity for compromise said, and then detailed instructions the selective charges without the combined punishment, demonstrates the rationality and feasibility of an idea.