Research Of Principle Of Punishing Of The Special Relationship In The Clause Coucurrence

The clause coucurrence is complex problem in criminal law theory.All along,domestic scholars have never stopped on the theory of the clause coucurrence.I believe that one of the reasons for this situation,is one of the most complex reasons,is the principle of punishing of the special relationship.Because of the issue of how to use the principle of punishing,Need to clear the scope of the establishment of special relations.In this process,the dispute is divided into two parts,the former part mainly focus on the following aspects:How is the distinction between the special law and the common law?How to distinguish between special relationships and other relationship in the clause coucurrence.The latter part mainly focused on whether the principle of punishing includes "heavy law is better than light" principle,If you are sure of this conclusion,the key of the question is that how to determine the use of the premise.To this end,this article based on the status of China’s criminal legislation,linked with the domestic research results,in order to the whole to understand the principle of punishing of the special relationship.In addition to the introduction,this article is divided into three chapters to discuss the problem.The first chapter focuses on the research of the special relationship,Mainly including the concept of special relations,the definition of the special relationship,the definition of the special relationship by myself.Speaking of the most chaotic theory of criminal law theory,the clause coucurrence can be discharged into the top ten.From the theoretical research and practical operation,I think the main reason for the complexity of the theory of the clause coucurrence is that how to identified the special relationship and how to use the principle of punishing.I think it is necessary to solve the problem of the special relationship before how to use the principle of punishing.To clarify the position of the special relationship,it is necessary to distinguish the relationship between the special relationship and other relations in the clause coucurrence.I think it is necessary to distinguish between some difficult to distinguish between the clause coucurrence of the relationship,so in the complex law,the correct positioning of the clause coucurrence of the special relationship.The second chapter mainly deals with the research of the principle of punishing of the special relationship,which mainly includes the legislation of the principle of punishing,the theoretical definition of the principle of punishing,and I advocated the principle of punishing.According to China’s "Criminal Law",There are two principles of punishing,one is "special law is superior to common law" principle,the second is "heavy law is better than light" principle.There are great differences about application of the principle of punishing,in order to better apply the principle of punishing,while the right to punish the crime at the same time,to protect the criminal’s personal rights.I think it is necessary to discuss the problem is that the theoretical basis of the principle of punishing and the I advocate use effect of the principle of punshing.regard to the principle of punishing of special relationship,from the existing relevant information,mainly divided into two theories,I think that when we in-depth analysis and discussion of the principle of punishing of special relationship,Not only need to understand the provisions of the legislation,but also need to absorb the advantage of the various theories,so as to lead to better In order to come to better guide the judicial trial.The three chapter focuses on practical operations,Whether there is a contradiction between the principle of punishing and the practical operation,and how to operate in practice.The Supreme People’s Procuratorate,the Ministry of Public Security jointly issued the provisions of the case on the prosecution standards related to the 89 crimes,which involves the financial crime.There is a great controversy about of the financial crime Through this provision,it is clear that when the perpetrators fraud how much money,will be subject to the prosecution of the judiciary,from the practice proved that the "special law is superior to the common law" principle as the basic principles is right.