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Deliberations on the Principle of Limitative Aggravation for Combined Fixed-Term Imprisonment of Plural Crimes

Author: XuGongZuo
Tutor: ZhangXu
School: Jilin University
Course: Criminal Law
Keywords: The principle of increased restrictions Impartiality The purpose of punishment
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 54
Quote: 0
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Abstract


The increased restrictions principle is important to China's criminal law the principle of multiple crimes . Although many scholars believe that the principles embodied limit increased the flexibility of the criminal law , criminal policy of combining punishment with leniency . However , some scholars questioned for this principle to ask questions from the point of view of fairness, the purpose of punishment , the discretion of the judge , the penalty legitimacy with criminal principles . Scholars have also questioned the statement of the improved method . For example, scholars restrictions add to the principle of impartiality questioned while extending their application and scientific principles to replace the limit aggravated principles suggestions for improvement ; limit aggravated principle applies to judges discretion questioned the principle of limit increase the recommendations of the sentencing range to establish the precise calculation formula . The papers of scholars questioned and questioned the suggestions for improvement to make a statement on the basis of their conduct in-depth discussion of the theoretical analysis of restrictions increase the system on the principle itself is just science . Limit the principle of heavier specific application process many questioned the fundamental reason is that China 's criminal legislation loopholes in the relevant provisions of the principle of limit increase mainly reflected in the legislative gaps \. In the paper the author of \According to the latest issued by the Criminal Law Amendment ( h ) \Hopes to improve legislation to limit aggravating principle , the principle of increased restrictions play a greater role in judicial practice .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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