罪数形态研究述评

A Summary and Comment of the Research on the Patterns of Quantity of Crime

在过去的三十年间,我国关于罪数形态的理论研究从无到有、从粗到细。目前,罪数形态已经成为学术界关注程度相当高的一个研究领域。总体来看,在罪数判断标准和一罪类型体系这两个问题上,理论界已经基本形成通说观点,当然也还存在不同声音;与之相比,关于具体罪数形态的概念内涵、处罚原则、存废取舍等诸多问题,则存在更多争议,个别问题的研究显得较为混乱。

During the past thirty years, the theoretical research on the patterns of the quantity of crime has started from scratch and been refined from roughness. At present, as a research domain, the quantity of crime arouses general concern of academic circles. In short, as far as the problems of the criterion for the judgment of the quantity of crime and the categories of one crime are concerned, there exist generally-accepted views. Of course, different views still exist. By comparison, as far as the concept, punishment and existence or abolition of the concrete patterns of the quantity of crime are concerned, there exist more controversies, and the research on individual problems was thrown into confusion.