减轻处罚若干问题研究

Study of Several Problems in Mitigation of Punishment

减轻处罚包括刑种和刑期的减轻,减轻处罚的对象应当涵括附加刑,但应依法适用。对于数罪的情况,应分别对所犯数罪予以减轻处罚,然后再行合并处罚;对于减轻情节的科学量化以及主刑如何减至附加刑等,均应在立法中作出明文规定。

In the author＇s opinion, mitigation of punishment should be limited, which includes the kinds of punishment and the term of penalty. The object of the mitigation should extend to supplementary punishment as long as it is applied in accordance with law. When plural crimes are concerned, plural crimes should firstly be mitigated respectively and then concurrent punishment follows. The author suggests that scientific quantification of extenuating circumstances and how to mitigate principal punishment to supplementary punishment should be clearly stipulated in criminal law.