论同种数罪的并罚

对于异种数罪按其犯罪时间的不同分别依照刑罚第六十九条、七十条、七十一条的方法实行并罚在理论上和实践中并没有太大争议,然而对于同种数罪的并罚问题,在理论界一直没有形成统一的共识,目前刑法典也缺乏明确的规定,实践中对一部分实行并罚,但大多数情况下不并罚,而是依照一罪从重处罚的原则处罚。这不但造成量刑上的不平衡,有违罪刑相应原则,而且给司法实践也带来了不少难点与困惑。同种数罪和异种数罪在本质上并无差异,从根本上解决同种数罪的处罚问题,应当也和异种数罪同样实行并罚。

The heterogeneous number crime implements the simultaneous punishment for several offenses separately according to its crime time＇s difference and penal code 69^th, 70, the 71 method, there had not too loudly disputed theoretically and practically, however the question regarding the homogeneous number crime had not reached the unified consensus in the theorists at present. The penal code also lacks the explicit stipulation, implementing the simultaneous punishment for several offenses to a part in the practice, it does not implement the simultaneous punishment for several offenses in the majority situations hut defers to the principle punishment which a crime punishes severely. Not only this causes in the discretion of punishment not to be balanced, has disobeys the crime punishment corresponding principle, and has also brought many difficulties for the judicial practice and puzzled. The homogeneous number crime and the heterogeneous number crime in essentially do not have the difference, fundamentally solving the homogeneous number crime＇s punishment problem must also implements punishment similar to the heterogeneous number crime.