数罪并罚中的刑事立法政策问题探析

A Tentative Analysis on Criminal Legislation Policy of Combined Punishment for Several Crimes

调高数罪并罚总和刑期,其主要立法价值就是要协调数罪并罚的总和刑期与最终确定的数罪并罚总和刑期两者间的合理关系,这首先应当遵循刑事立法政策的合理性原则。虽然不能完全排除数罪并罚刑期的调高与"死刑过重、生刑过轻"存在直接关系,但也不能由"死刑过重、生刑过轻"的缺陷直接得出数罪并罚刑期总和应当调高的必然结论。《刑法修正案(八)》修正数罪并罚总和刑期的结果,可谓是"重刑化"和"轻刑化"折衷的适中,是刑事立法政策在数罪并罚立法条款上的体现。

The total terms of sentences of combined punishment for several crimes are raised, the main value of which is to coordinate the reasonable relationship between the total terms of sentences of combined punishment for several crimes and finally confirmed total terms of sentences of combined punishment for several crimes. First of all, we shall follow the principle of rationality of criminal legislation policy. Although we cant entirely exclude the fact that the heightening of the total terms of sentences of combined punishment for several crimes and ＂too heavy death penalty and too light life punishment＂ are directly related, we still cannot easily come to the conclusion that the total terms of sentences of combined punishment for several crimes should be raised due to the defect of ＂too heavy death penalty and too hght life punishment＂. Criminal law Amendment （Eight） revised the total terms of sentences of combined punishment for several crimes, which moderately reached a compromise between ＂heavy punishment＂ and ＂light punishment＂. It reflects criminal legislation policy in the aspect of legislative provisions on combined punishment for several crimes.