Research On The Principles Of Punishment For Implicated Offenders

Although my country’s criminal law does not expressly stipulate the concept of the number of crimes of implicated crime,it can often be seen in judicial practice.my country’s current Criminal Law does not clearly stipulate implicated crimes,but the Criminal Law’s sub-rules provide for the punishment of different types of implicated crimes,including "single punishment","several crimes concurrent punishment",and "single severe punishment".In principle,multiple methods coexist in judicial interpretations,and even for the same legal phenomenon,criminal law and judicial interpretations stipulate different punishment methods,which is particularly confusing.At the same time,the academic circles also hold their own words in the discussion of this issue.At present,there are mainly the following propositions:"Judging from one serious point"-all implicated offenders shall be convicted and punished according to the heavier crime,and "multiple crimes shall be punished simultaneously.""Said"—combined punishments based on common multiple crimes,“several punishments”—choose the heavier punishments for the more serious crimes,and “compromises”—take both punishments for the first and multiple crimes.The traditional view of "single punishment" has become more and more in-depth in the study of implicated offenders,and has begun to be questioned by many scholars.The call for "combined punishment for multiple crimes" is getting louder."In addition,some scholars have said that since a unified principle of punishment of implicated crimes cannot be formed,it is better to abolish implicated crimes in our penal system and no longer recognize the theory of implicated crimes.After all,there are only a few national or regional codes in the world.There are clear regulations on"implicated criminals." Both the practical and academic circles have been arguing about these issues,which directly led to the chaotic situation of implicated criminals in judicial practice.As an objective form of the number of crimes,it would be a pity that implicated crimes are cancelled due to the lag in theoretical research.This will also make the entire research on the number of crimes lack complete and coordinated,and even limit the number of other crimes.The depth and breadth of morphological research.Therefore,the author advocates retaining the implicated crime theory.This article is based on this position,trying to find the most scientific way of punishing implicated offenses through a combination of theory and practice.The reason why academic circles continue to debate the principle of punishment of implicated crimes is mainly because the number of implicated crimes is complex in nature,the standards used to determine the number of crimes are different,and the conclusions on the determination of the number of implicated crimes are also different;the second is that there are differences in the determination of implicated relations.Different doctrines have different standards for the establishment of implicated relations;thirdly,implicated offenses overlap with other crimes,which makes the determination of implicated offenders more difficult.These factors lead to the lack of a clear standard for the determination of implicated offenders,and the punishment of implicated offenders.Naturally,the method cannot be unified.To solve this problem,we must start with clarifying the concept of implicated crime.Criminal law theory guides judicial practice operations.In turn,judicial practice also counteracts theoretical research.After absorbing the experience of handling implicated criminals in judicial practice,the author puts forward the punishment principle of "normality".According to this standard,the establishment of an implicated offense not only requires that the act of means or result has violated other crimes,but also that several acts must meet the usual conditions.After the establishment of an implicated offense,there will be one punishment;on the contrary,if there is a relationship between several acts This view actually narrows the scope of establishment of implicated crimes in the traditional doctrine,and makes implicated crimes more typological.It has traces in criminal law theory.It absorbs and draws on the German "Natural Behavior Theory" theory.Viewing criminal cases from the perspective of ordinary people in society,the results of case judgments are more in line with the principle of crime and punishment,meeting the dual requirements of the principle of full evaluation and the principle of prohibition of repeated evaluation,which is conducive to the realization of the purpose of punishment and the function of criminal law.The internal law of implicated criminal punishment.