数罪并罚原则适用评析

On the Application of the Principle of Concurrent Punishment of Several Crimes

本文主要对数罪并罚的并科、吸收、限制加重等原则从公正、功利等方面予以评析 ,认为吸收、限制加重原则弊大于利 ;而并科原则虽然利弊皆存 ,但因其具有刑罚公正、符合平等性以及范围较为广泛等特性 ,应当扩展其适用范围 ,对数罪被判处管制、拘役和有期徒刑等刑种 。

According to the theory of impartiality and utility, the article mainly discusses advantages and disadvantages of the principles of addition, absorption and limitative aggravation of concurrent punishment for several crimes, and claims the principles of absorption and limitative aggravation have more disadvantages than advantages. Although addition principle has both advantages and disadvantages, for it has impartiality of penalty, equality and extensive arrange, its applicable content should be expanded. Dealing with public control, criminal detention and fixed_term imprisonment sentenced by several crimes, addition principle may be regarded as determining the term of penalty by sentence.