An Analysis Of The Combined Punishment System For Different Types Of Freedom And Multiple Crimes In My Country

On November 1,2015,the amendment to the criminal law(IX)officially came into effect to clarify the method of combined punishment for several crimes of heterogeneous freedom penalty.Before the law is clear,although we have judicial interpretation to guide it,because some judicial interpretations are not mandatory,there are still cases of the same type and different types of concurrent punishment in judicial practice,but different combined punishment methods are used in the judgment.At present,the existing laws provide that when public surveillance and fixed-term imprisonment or criminal detention are combined for several crimes,the heavier fixed-term imprisonment or criminal detention shall be executed first,and then the public surveillance shall be carried out.In the case of combined punishment of fixed-term imprisonment and criminal detention for several crimes,only the heavier fixed-term imprisonment is executed,and the lighter criminal detention is no longer carried out.Although the provision of combined punishment for several crimes ends the confusion of judicial practice and solves the problem that can not be relied on,it also causes the theoretical circle to doubt the reasonable nature of the legal provisions.Whether the principle of absorption is adopted in the case of combined punishment for several crimes between fixed-term imprisonment and criminal detention,or the principle of separate execution in the case of combined punishment for several crimes in fixed-term imprisonment or criminal detention and control,these methods of combined punishment are similar to those of the former The principle of combined punishment for several crimes does not fit in with the whole criminal law.The absorption principle also violates the basic principle of the principle of appropriate punishment for several crimes in the criminal law,and the theory of separate execution is not conducive to the realization of the purpose of punishment.It is true that the clarity of the law has a great role in promoting judicial practice,but there are many problems in the implementation of the two kinds of combined punishment,such as deprivation of political rights,deduction of detention period,recidivism and so on.Based on the full analysis of the existing methods of combined punishment for several crimes of heterogeneous freedom penalty,the author suggests that in the case of combined punishment for several crimes,one day of criminal detention should be converted into fixed-term imprisonment by converting one day of criminal detention into one day of fixed-term imprisonment.When the total term of imprisonment is less than the maximum term of several crimes,the term of execution should be decided according to the discretion,and the control should not be set as the main penalty And it is set as additional punishment,which is executed separately from fixed-term imprisonment or criminal detention.At the same time,it also puts forward the appropriate solutions to the problems of recidivism,deprivation of political rights,deduction of detention period,etc.,which can better solve the above problems.