Study On The Problem Of Combined Punishment Of Deprivation Of Political Rights

Combined punishment of deprivation of political rights can be divided into three types:combined punishment of multiple deprivation of political rights,combined punishment of deprivation of political rights and other additional punishment,combined punishment of deprivation of political rights and principal punishment.The second paragraph of the sixty-ninth article of the criminal law provides,“the additional punishment of the same type executes together”,but the meaning of “execute together” is not definitely provided by the criminal law and the judicial interpretation,so what kinds of principle of combined punishment combined punishment of multiple deprivation of political rights should take remains in doubt.The second paragraph of the sixty-ninth article of the criminal law provides,“the additional punishment of the different type executes respectively”,so combined punishment of deprivation of political rights and other additional punishment takes additive principle and executes respectively,there is no doubt about combined punishment of deprivation of political rights and other additional punishment.The second paragraph of the sixty-ninth article of the criminal law provides,“a plurality of crimes sentence additional punishment,the additional punishment still must execute”,so combined punishment of deprivation of political rights and principal punishment takes additive principle and executes respectively,but if the deprivation of political rights is terminable,the principal punishment is terminable freedom penalty without additional deprivation of political rights,when deprivation of political rights shall execute under the condition of combined punishment of terminable deprivation of political rights and terminable freedom penalty remains in doubt,this is not definitely provided by the criminal law and the judicial interpretation.Therefore,there are two major problems with combined punishment of deprivation of political rights:combined punishment of multiple deprivation of political rights,combined punishment of terminable deprivation of political rights and terminable freedom penalty.This paper is divided into four chapters to research the problem of combined punishment of deprivation of political rights.The first chapter is an overview of combined punishment of deprivation of political rights,mainly discusses the problem of combined punishment of deprivation of political rights according to the relevant regulations of the criminal law and the judicial interpretation about combined punishment of deprivation of political rights.The second chapter is a summary of the academic research production on the problem of combined punishment of deprivation of political rights and the analysis of the academic research production,mainly centers on two major problems:combined punishment of multiple deprivation of political rights,combined punishment of terminable deprivation of political rights and terminable freedom penalty.The third chapter is the further analysis on the problem of combined punishment of deprivation of political rights,mainly analyzes two major problems:combined punishment of multiple deprivation of political rights,combined punishment of terminable deprivation of political rights and terminable freedom penalty from three time periods:before the judgment is pronounced,during the execution period of terminable imprisonment or criminal detention,during the execution period of multiple deprivation of political rights.The fourth chapter is the solution of the problem of combined punishment of deprivation of political rights,mainly summarizes all kinds of situation of combined punishment of multiple deprivation of political rights,combined punishment of terminable deprivation of political rights and terminable freedom penalty from three time periods:before the judgment is pronounced,during the execution period of terminable imprisonment or criminal detention,during the execution period of multiple deprivation of political rights,and proposes corresponding solutions.I suggest we should provide corresponding methods of combined punishment definitely in criminal law and judicial interpretation according to the specific situation of combined punishment of multiple deprivation of political rights,combined punishment of terminable deprivation of political rights and terminable freedom penalty.