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针对异种自由刑的数罪并罚,刑法修正案(九)确立了吸收和并科规则。并科管制虽然突破了对同一行为人单一适用主刑的理论命题,但由于管制具有的保全功能明显强于惩罚功能、符合报应与预防的双重要义,为改进现有刑罚体系和细化刑种内在结构留下了空间,因而是可取的。拘役被有期徒刑吸收表达了“轻其所轻、重其所重”的刑事政策精神,但可能动摇行为作为责任的根据、酿成重刑主义并受到司法的暗中抵制因而利弊并存,对此,一般情形下,在遵循修法要求的同时应允许法官择用刑种时有所变通。
Aiming at the simultaneous punishment of crimes of different kinds and freedom, the amendment of criminal law (9) has established the rules of absorption and division. Although the scientific control system breaks through the theoretical proposition that the same agent applies the principal punishment alone, the dual functions of retribution and prevention are well regulated because the control functions of preservation are obviously stronger than the punishment functions. In order to improve the existing penal system and refine the inner punishment The structure leaves space and is therefore desirable. Prisoners of war are to be sentenced to fixed-term imprisonment to express their “lightly depended on what they value” criminal policy, but may shake the act as the basis for responsibility, resulting in serious punishment and the judicial boycott so co-exist advantages and disadvantages This, under normal circumstances, complies with the requirement of revision and at the same time allows the judge to change the sentence of sentence when it comes to alternatives.