Reserch On The Punishment Of The Same Plural Crimes

The crime theory fully proves that both several crimes of one kind and several crimes of different kinds should be punished according to combined punishment for several crimes.However, the specific provisions of criminal law determine a number of several crimes of one kind to be/as the legally-prescribed one crime. As such crimes-accumulative crimes or constant offense and certain alternative accusations-happen,all will be punished as heavily as the legally-prescribed one crime for several crimes of one kind.Even so,the system of giving a punishment as one crime in the judicial practice cannot solve some complicated issues in several crimes of one kind. Different manifestations of the same crimes, different stopping forms in crime and our punishment system determine that combined punishment for several offenses can be used as an only way to achieve justice precise and consistency of crime,responsibility, and penalty. In some special cases,like common crime, unit crime, emergence of several crimes of one kind,only by means of a combined punishment for several offenses can the conviction and sentencing be settled without a mistake.The system of giving a punishment as one crime cannot solve all complicated issues in dealing with several crimes of one kind. Stipulations on the crime punishment by the provisions of the criminal law,however, create the conflicts between general provisions and specific provisions,and therefore bring the imbalance of punishment. Sometimes different punishment standards between the general provisions and the specific provisions have been acted out,which thus results in a punishment confusion and the infringement of criminals' rights. Judicial fairness being violated and legal value being lost, therefore, it is considered that only a combined punishment for several offenses can eradicate problems and ultimately realize the principle of consistency of crime,responsibility and penalty.