On The Punishment Principle Of Implicated Offender

The provisions of criminal law and judicial interpretation on implicated crime in China present a variety of punishment modes,and the punishment for similar implicated crime is different or even contradictory,such as the implicated crime of obstructing official business and the implicated crime of accepting bribes.The debate on the punishment principle of implicated offender in the theoretical circle of criminal law has developed from the original "from one heavy punishment theory" to the coexistence of "from one heavy punishment theory","from one heavy punishment theory","several crimes combined punishment theory" and "double punishment theory".The above-mentioned theories can be found in the legislation and judicial interpretation of our country,and the supporters of each theory have found certain basis to support their claims,but the above-mentioned theories have certain defects.No matter what kind of punishment principle is adopted,it is difficult for the punishment of implicated offenders to achieve the absolute crime punishment equivalence,which is more reasonable than the theory of "combined punishment for several crimes".The combined punishment of several crimes for implicated crime conforms to the essence of the number of crimes,which is convenient for judicial practice and also the implementation of the principle of suiting crime and responsibility to punishment.In addition,the legislative trend of identifying implicated crime as several crimes at home and abroad has become increasingly prominent,which also shows that implicated crime should be punished simultaneously.