Optimization and Application of the Principle of Combined Punishment for Multiple Crimes
The current principle of combined punishment for multiple crimes has several shortcomings.The combination of fixed-term imprisonment,detention,and public surveillance can lead to a reversal of the severity of the punishment.The combination of property penalties may result in excessive punishment and hinder the reintegration of criminals into society.The coexistence of multiple principles makes it difficult to reach consensus on various complex issues.The principle of combined punishment does not fully achieve the dual purposes of retribution and prevention,and it lacks efficiency.Drawing from the ancient Chinese concept of bright virtue and careful punishment,the principle of combined punishment for multiple crimes primarily adopts the absorption principle,with the principle of limiting aggravation as a supplementary measure.The absorption principle should be applied in cases of combined punishment for several crimes,treating multiple crimes as circumstances for heavier punishment.This approach aligns with the purpose of punishment and can resolve the inconsistencies in legal application caused by the coexistence of multiple principles in judicial practice.
combined punishment for several crimesthe principle of combining disciplinesthe principle of limiting aggravationabsorption principle
万方数据
维普
