A qualitative study on the Application Deviation of the Concurrent PunishmentSystem for Multiple Crimes
BAZhuo
(1.Shenzhen Polytechnic, Shenzhen, Guangdong 518000)
Abstract: At present, the domestic legal circle has conducted relatively in-depth theoreticalresearch on the system of concurrent punishment for multiple crimes, but empirical research,especially qualitative research from the perspective of judges, is still scarce. This paper employsqualitative research methods to conduct semi-structured in-depth interviews with 20 criminaljudges. Based on grounded theory data analysis methods, a three-level coding analysis of theinterview data is completed to generate research topics. Research has found that when judgesapply the system of concurrent punishment for multiple crimes, there are four dimensions ofapplication deviations: reverse sentencing based on the principle of "general first, then specific",the concurrent punishment rules being prepared but not used, the absence of the mechanism fordiscovering missed crimes, and differences in the application of revocation and commutationof sentences, etc. Based on this, this paper proposes the following debugging path suggestions:First, strictly prohibit reverse sentencing operations; The second is to update the rules forconcurrent penalty entities; The third is to establish a system for consolidated case transfer. Thefourth is to optimize the stratified mechanism for commutation and revocation of sentences.
Keywords: Concurrent punishment for multiple crimes; Judge's perspective; Qualitativeresearch; Applicable deviation ;Debugging path
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