关于数罪并罚原则的若干思考

Ideas on the Principle of Joint of Punishment for Plural Crimes Committed by One Person

我国数罪并罚制度中,有一些需要明确的问题。刑法第69条中的"以上"、"以下"不应该包括本数,但它与刑法99条如何协调是一个问题。对于不同种有期自由刑的并罚应该采用逐一执行说。数个同种附加刑的并罚,根据各种附加刑的特点综合运用吸收、限制加重、并科说。

Some provisions need to be clarified in China＇ s legal regulations of the principle of joint punishment for plural crimes committed by one person. ＂Not less than＂ and ＂not more than＂ in the Article 69 should not include the given figure, however, how to negotiate the Article 69 with the Article 99 in criminal law needs to be further studied. Different kinds of fixed - term imprisonment should be fulfilled one by one in combined punishment. The merger of several same supplementary punishments should apply absorbable principle, the principle of restrictive aggravation, and concurrent principle according to the traits of all kinds of supplementary punishments.