On The Application Of The Principle Of Combined Punishment For Multiple Crimes Of The Same Kind

Concurrent punishment of plural crimes system is an important sentencing system in our criminal law,including concurrent punishment of the same kinds of plural crimes and concurrent punishment of different kinds of plural crimes.While concurrent punishment of different kinds of plural crimes is generally recognized in the law,concurrent punishment of the same kinds of plural crimes is still in dispute.After classifying and analyzing in concurrent punishment of the same kinds of plural crimes,I found that in that case is,to some extent,in violation of the principles of accusation equal to punishment and does not protect human rights as it will not only easily leniently sentence or severely sentence the criminal to make it impossible to obtain an appropriate judgment,but also cannot make the criteria for judgments standard throughout.So obviously the lack of protection of rights and interests of individual citizens cannot achieve the purpose of Criminal Law to protect rights well.Therefore,this paper proposed the establishment of the human rights protection system,by establishing communication and coordination mechanism,strengthening supervision and regulation of the judicial process,improving legislation,being strict to register missing case and protecting personal invisible stakeholders.This paper is mainly divided into four parts.The first part generally states the classification and characteristics of the principle of concurrent punishment of plural crimes and the rule of law and the type of concurrent punishment of plural crimes in different across the world.Concurrent punishment of plural crimes system is an essential sentencing system in our criminal law,specifically including the absorption principle,limits aggravated principle and the compromised principle.Concurrent punishment of plural crimes can be divided to concurrent punishment of the same kinds of plural crimes and concurrent punishment of different kinds of plural crimes.Criminal law provisions of the concurrent punishment of plural crimes throughout the world have an essential reference in regard to the improvement of legislation and judicial practice of concurrent punishment of plural crimes in China.The second part of this paper points out that in our country when we handle the cases with regard to several crimes,the limit the aggravation principle is mainly adopted and aided by the principle of absorption and cumulation.Through the interpretation of the principles and laws determining penalties,we derive that concurrent punishment of plural crimes in sentencing process is a way to realize the principle of suiting punishment to crime,but concurrent punishment of the same kinds of plural crimes will come to a difference in the punishment which is contrary to the principles of suiting punishment to crime and the majesty of the law.Meanwhile,the paper explains the three scenarios that concurrent punishment of the same kinds of plural crimes is applied in judicial practice,based on the analysis of the above situations,combined with the first part of the legislative practice in different countries,this paper presents the difficulties the principle of concurrent punishment of the same kinds of plural crimes may encounter.In the case of a correct final judgment,when the new offense has been the same kind,we can only carry out concurrent punishment of plural crimes.In addition,before the judgment is declared,several crimes have been committed and after the judgment is pronounced,missing case has been discovered.Under this circumstance,it is possible for the existence of unbalanced criminal culpability to implement concurrent punishment of the same kinds of plural crimes on the missing case.The third part of this article illustrates that concurrent punishment of the same kinds of plural crimes will lead to the lack of protection of the human right.Therefore,based on the feasibility and necessity of the establishment of human rights protection mechanism,we propose the dilemma faced in the process,such as the concept of our criminal law is lagging behind;the status of our human rights protection mechanism is not prominent in the process of judicial reform,human rights protection mechanisms is not completely well established,the lack of experience in building human rights protection mechanisms and building an effective implementation of the system has yet to be improved.The fourth part of this paper is built on the plight of the establishment of human rights protection.We take the judicial practice into account and propose to establish the human rights protection system,communication and coordination mechanism,to strengthen supervision and regulation of the judicial process,to improve the legislation,to be strict to register missing case and to protect personal invisible stakeholders.