两款注意规定适用中的罪刑关系悖论及消解

Unreasonable circumstances of relations between crime and punishment in the application of two paragraphs of Provision for Attention and its elimination

在刑法第310条第2款和第349条第3款的适用过程中,可能出现几个罪刑关系轻重失衡的悖论,应通过立法的完善和合理解释予以消解。

In course of application of the second paragraph in Article 310 of Criminal Law and the third paragraph in Article 349 of Criminal Law, it may present several unreasonable circumstances in which, the relations between crime and punishment are unbalanced, i.e., the ones whose crimes are minor may be given heavier punishment, or vice versa, the ones whose crimes are major may be given lighter punishment.