数罪并罚的量化问题研究

On Quantification of Concurrent Punishment for Several Crimes

数罪并罚的量化问题主要是指适用限制加重原则的情况下如何在个罪中最高刑期之上,总和刑 期之下确定具体执行的刑期。这个刑期裁量与个罪之情节无关,仅与个罪之刑有关。随着数罪 中最高刑的增长,限制的程度会增大,而这个规律可以用公式表达出来。

The issue of the quantification of the concurrent punishment for several crimes refers mainly to the determination of the term of imprisonment ranged from the maximum term of the individual crime to the total term of all the crimes, while the determination is concerned only with the term instead of the plots of the individual crime. With the increase of the maximum term, more restriction is found. And this rule can be expressed by formula.