间接处罚是关乎量刑的一个重大理论问题,从间接处罚的定义和基本表现形式来看,目前理论界已基本达成一致意见,即对间接处罚持否定态度,但笔者认为:关键不在于对间接处罚应否禁止的问题,而在于在对此持否定观点的情况下,如何进一步具体认定间接处罚,而这才是最关键性的问题,本文将对间接处罚的具体认定做一些探讨,进一步明确间接处罚的认定标准。 Indirect punishment is a major theoretical issue related to sentencing. Judging from the definition and basic manifestations of indirect punishment, at present, the theoretical circle has basically reached an agreement that it holds a negative attitude toward indirect punishment. However, in my opinion, the key lies not in indirect punishment But whether it should be forbidden or not, but rather how to further identify the indirect punishment in the light of the negative viewpoints on this issue, and this is the most crucial issue. This article will make some discussions on the specific identification of indirect punishment and further clarify the indirect Accreditation standards for punishment.