限制加重原则中的估堆量刑及其救治（The evaluation, measurement of penalty and its treatment in the principle of limitative aggravation）.docVIP

限制加重原则中的估堆量刑及其救治（The evaluation, measurement of penalty and its treatment in the principle of limitative aggravation） The evaluation, measurement of penalty and its treatment in the principle of limitative aggravation Author: Liu Xuan I. The principle of limiting aggravation and the sentencing of estimating piles Sentencing in heap in China in 1979 is the first criminal law promulgated, commonly known as the main methods of punishment in the judicial process. It refers to the combined punishment for several crimes committed by one person, is not the first of these criminal conviction and sentencing, and then according to certain rules of decision shall execute the penalty, but the crime as a whole, comprehensive analysis should be performed directly determine the penalty. The implementation of the crime of sentencing in heap is logarithmic in no uniform criminal code, punishment system is not really established, special historical conditions of legal system is not perfect under the. Due to the lack of scientific standard of sentencing in heap, difficult to grasp, so that the judge has discretion is too large and no limit, can not guarantee accurate, appropriate sentencing, in 1979 promulgated the first criminal law to be abolished, established a relatively complete system of punishment. Our country take the limiting principle as punishment, the principle of compromise, and to absorb the principles and principles to complement the limiting principle is the main punishment method in our country. The main content of our limiting principle is, for a crime committed several crimes, the crime committed by each of the first of conviction and sentencing, and then decided to be executed in the following sentences, sentence number of punishment in the maximum sentence above at the discretion of the highest control but not more than three years, criminal detention of not more than one years of imprisonment, the maximum not more than twenty years. The obvious difference between