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The concurrence problem of of the different species of the Punishment

Author: LiJunBo
Tutor: LiFengMei
School: Shenyang Normal
Course: Legal
Keywords: Different species of the Punishment The Combination Principle
CLC: D924.1
Type: Master's thesis
Year: 2010
Downloads: 32
Quote: 0
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Abstract


Graft is the processing penalty competing system . For the same kind of concurrence of the Punishment of section 69 of the Criminal Law of China has made clear that to adopt restrictions heavier principle , it is not in dispute in the theory and practice . However , of the Punishment of different kinds , both sentenced in the crimes , but also to criminal detention or control , how to merge punishment current criminal law does not make specific and clear provisions , trial practice different practice around the court . This article discusses free sentence concurrence of different kinds of problems are divided into four parts . The first part , on the meaning and characteristics of the different species of the Punishment of the different species of the Punishment is defined as the perpetrator of the crimes committed were sentenced to control any criminal detention and imprisonment of different criminal kinds repeated two or two more kinds of principal penalty . Its characteristics compared with the concurrence of the same species of the Punishment , the analysis of the difference between the two packages concurrence . The second part outlined the concurrence of different species of the Punishment of various doctrines . Summed up the point of view of the different species of the Punishment concurrence of six major doctrine , and eleven Analysis , analysis and discussion of the advantages and disadvantages of each doctrine easy below the theoretical analysis and legislative . The third part introduces the different species of the Punishment concurrence of extraterritorial legislation . Of the different kinds of the Punishment concurrence of extraterritorial legislation is divided into three principles that many principles, summed principles and set off against the principle of further analysis of the original intention of the legislation of each country . Part IV discusses in detail the different kinds of the Punishment disagreement with judicial concurrence of the academic status quo . The academic differences concentrated focus on the principles of criminal law , and the tendency of the criminal law and execute interests . For the status quo of Justice , the judiciary mainly handled in two situations , one is to perform a translation of execution . The fifth part on the basis of the doctrine and judicial practice in his discussion of the different species of the Punishment System recommended . The author argues for imprisonment or criminal detention and control the concurrence should implement respectively implementation , to take discounted perform criminal detention and imprisonment of concurrence . Finally, the authors suggest that the different kinds of specific concurrence of the Punishment for legislative perfection .

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