Research On The System Of Combined Punishment For The Omissive Crimes In China

The system of combined punishment for the omissive crime plays an important role in the penalty system of our country.Because the cases in real life are complex and diverse,and the formulation of laws lags behind,some difficult problems in the aspect of combined punishment for the omissive crime appear in the judicial practice,which greatly puzzles the judicial personnel in the application of the system of combined punishment for the omissive crime.Based on the research and analysis of the current judicial practice and theoretical circles,this paper tries to put forward new ideas on the problems and difficulties in the application of the combined punishment for the omissive crime,in order to provide a new perspective for solving the difficult problems in the application of the omissive crime in the future.In this paper,the basic theory of the combined punishment of fraction crime,the combined punishment of the omissive crime and several crimes,the confusion and solutions in the judicial practice are elaborated in three parts.The first part is an overview of the basic theory of combined punishment for several crimes,including the meaning and characteristics of combined punishment for several crimes,the legislative model of combined punishment for several crimes,and the theoretical basis of combined punishment for several crimes.The theoretical basis of the combined punishment of several crimes includes the theory of justice,the theory of prevention and the theory of regulation.In my opinion,the theoretical basis of combined punishment for several crimes is the theory of regulation.The second part is the summary of the combined punishment of the omissive crime,including the provisions of the Tang Law on the combined punishment of the omissive crime,and the current system of the combined punishment of the omissive crime in China.In the current system of combined punishment for the omissive crime in China,the author introduces the causes and basic principles of combined punishment for the omissive crime.The third part is the confusion and solution path of the joint punishment of the omissive crime in judicial practice,including the occurrence time of the omissive crime,the discovery time of the omissive crime,the calculation of the sentence when omission crime and the new crime coexist,and the handling of the discovery of omission crime after the suspension of sentence.In my opinion,the time of omission crime actually refers to the time after the judgment of the previous case "comes into effect" and before the completion of the execution of the penalty;before the completion of the execution of the penalty,it includes the completion of the execution of the main penalty and the deprivation of political rights,excluding the completion of the execution of the property penalty;the time of discovery of omission crime is the time when the judgment of the later case is announced;when the omissive crime and the new crime coexist,the calculation of the sentence should take into account both Article 70 of the Criminal Law and Article 71 of the Criminal Law.First,use the method of "combining first and then reducing" to deal with the omissive crime,second,use the method of "reducing first and then combining" to deal with the new crimes;the probation can still be applied after the combined punishment of several crimes;if finds out the situation of the later case when the previous case is suspended but not effective,either higher court shall remand the case or changing the original judgment,or,revoke the probation and pubnish several crimes together.