The Restrictions Of Combined Punishment To The Imaginative Joinder Of Offense

Theory of plural crimes has been called the criminal law educational where cannot be touched,and imaginative joiner of offense is much more difficult.Along with the deepening understanding of the academic circles to imaginative joiner of offense,coupled with the Amendment(IX)to the Criminal Law of the People’s Republic of China,the trend of the criminal responsibility of several crimes is more obvious than that of the penalty." Law is a matter of God and Man,of justice and injustice." There is no doubt that the justice of the criminal law undertakes the irreplaceable role in the process,the scientific research on the criminal responsibility of the crime of logarithm is the record in the history of justice of a major milestone to stamp.The imaginative joinder of offenses is a substantial number of crimes in the form of the constitution of crime,but the essence of crime number does not directly correspond to Combined Punishmen.In this paper,based on relevant punishment law basic theory and the subjective and objective consistent position,I put forward the restrict Combined Punishment on the imaginative joinder of offense,further analyses the reason of restricting Combined Punishmen for several crimes.Finally,bring forward the operable way to restrict Combined Punishmen for several crimes,which in order to have a little contribution to the theory of criminal law.There are more than 35000 words in the paper,the main body is divided into four parts in addition to the introduction:Putting forward to the restrictions on the imaginative joinder of offense in the first part of this chapter in order to anchore the logical starting point.This part is divided into the following contents:The main argument of the nature of the crime of imaginative joinder of offense and the principle of punishment.On the nature of the number of crimes,after thinking the essential one crime,the essential plural crimes,the one crime in the scientific criminal law,we decide to stand for the essential plural crimes;Thinking about punishment in principle,the Imaginative Joinder of Offense is the essential plural crimes,and it should be allowed to combined punishment.What’s more,the range of it should be restricted.In the second part,the paper expounds the reason of restrictions of combined punishment to the Imaginative Joinder of Offense.Thinking about the theory of the Principle of MatchingPunishment with Crime and Responsibilit and the theory of plural crimes,adding our judicial actuality,make clear that Imaginative Joinder of Offense in way of punishment should be maching criminal responsibility and the ultimate behavior.The current judicial practice sentences for the serious punishment does not achieve the corresponding effect.In the third part,the paper puts forward to crime subjective aspect as the breakthrough point to Imaginative Joinder of Offense of punishment,and argument crime subjective aspect is enabling and advanced in value.Classify Imaginative Joinder of Offense of "calculated crime + calculated crime ","calculated crime + criminal negligence ","criminal negligence+ criminal negligence",put forward the"direct calculated crime + direct calculated crime "type of Imaginative Joinder of Offense should be combined punishment,other types shall be sentenced for the serious punishment.Last but not least,mainly discuss the other issue which is closely related to the mentioned above,emphatically discussing the regulation of our crimes system where make a combined punishment for Imaginative Joinder of Offense will not being too heavy or too light.It also makes narrowed interpretation to the part of the normative documents to implement the issue of restrictions of combined punishment to the Imaginative Joinder of Offense.