A Study on the Premise of Cumulative Punishment-how to Determine the Scope of Plural Crimes 论数罪并罚的前提&数罪范围的确定
To cumulative punishment of the same kind of are of the punishment, the sixty-ninth of our criminal code was clearly provide that use limit-increase principle. Consequently there is no controversy in theory and practice. 对于同种有期自由刑的并罚,我国刑法第69条作出了明确规定采用限制加重原则,故在理论与实践中均无争议。
When the behavior which exceed the constitution of bribery crime, these implicated behaviors should be implicated offence. However, it should be sentenced cumulative punishment but not be sentenced for one crime by more serious punishment. It is conform to the function of criminal law. 当超出受贿罪犯罪构成的行为构成他罪时,存在牵连关系的两行为应构成牵连犯,但不应采取从一重罪处罚而应数罪并罚,才符合刑法功能之要求。
In fact, practice of Crime of Bending the Law for Selfish Ends and other crimes are often intertwined, in which case, the cumulative punishment should be adopted. 实践中,徇私枉法行为往往与其他犯罪行为相互交织,此种情形,应按数罪处罚。
So the duty-related crimes of village officials would be more and more complex which the double-crossed wrongs and crimes and the cumulative punishment. 村官职务犯罪越来越复杂,不少是罪错交叉、数罪并罚。