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数罪与更犯虽然都是解决同一人再犯罪的问题,但是二者略有不同。早在《秦律》就已有再次犯罪加重处罚的规定,但还未明确数罪与更犯。到汉代已经对数罪与更犯进行区分,规定了更犯的成立条件,到《唐律疏议》则规定地更为具体和细致。它规定了一般更犯和特别更犯(“三犯盗”),二者加重处罚的根据都是行为人在犯罪之后,不知悔改,又犯新罪,罪不可宥。但在处罚原则中,前者是前罪和后罪累计并科处罚,不得超过法定最高限度,是一种限制加重;后者“三犯盗”则是升一级刑种,有时重于并科,这符合历朝历代都将“盗”作为镇压的重点,以维护封建统治秩序和财产安全,也是唐律重罚贼盗的措施之一。但亲属间盗窃不适用,体现了宗法原则对更犯加重原则的影响。
Although both the sin and the offender solve the problem of the same person committing a crime, the two are slightly different. As early as the “Qin Law” there have been re-criminal penalties for the increase, but not clear the number of crimes and more committed. To the Han Dynasty has been a number of crimes and prisoners to distinguish between the provisions of the conditions for the establishment of more committed to the “Tang law” is provided more specific and detailed. It stipulates that prisoners of war should be guilty of committing crimes in general and criminals even more guilty of committing crimes (“three crimes perpetrated by criminals”). The basis for both aggravating the sanctions is that those who commit crimes after committing crimes are not guilty of repentance and commit new crimes, and their crimes are unforgivable. However, in the principle of punishment, the former is a former punishment for punishment for crimes of past and future crimes and shall not exceed the statutory maximum limit, a restriction of which is aggravated. The latter is a criminal penalty of higher rank, sometimes heavier than And this is consistent with the history of the dynasties will be “Pirates ” as the focus of repression in order to safeguard the order of feudalism and property security, but also one of Tang’s heavy penalties. However, the theft does not apply to relatives, reflecting the impact of the patriarchal principle on the principle of more serious crimes.