摘要
基于不同的理论,对想象竞合犯的处罚有三种原则,即从一重处断、数罪并罚和从一重重处断,但这些原则都存在着一些不足,为与想象竞合犯的罪数本质相匹配,根据罪责刑相适应原则和我国的国情,从一重从重处断原则是最为合适的。
Based on different theories,there are three prcnciples of punishment for the imaginative concurrent crime,including condemn it as a serious case,concurrent punishment for sevcral crimes,and heavy sentence for a serious crime.However,there exist in these principles some inadequacies.Corresponding to the number of crime as the essence of imaginative concurrent crime,the author believes that to inflict a heavier punishment for a serious crime is most suitable.This is a new view in line with the interdependence of crime and culpability and penalty as well as the national situations of our country.
出处
《华侨大学学报（哲学社会科学版）》
2005年第1期55-61,共7页
Journal of Huaqiao University(Philosophy & Social Sciences)
关键词
想象竞合犯
处罚原则
罪责刑相适应原则
新论
数罪并罚
处断原则
罪数
国情
imaginative concurrent crime
concurrent punishment for several crimes
interdependence of crime and culpability and penalty as a principle
principle of inflicting a heavier punishment for a serious crime
