摘要
想象竞合犯是罪数形态中的一个难点问题。阐释了中外刑法学界关于想象竞合犯处罚原则的不同观点;针对学界争执的三个焦点问题,评析了想象竞合犯有些情况下是本质上的一罪、有些情况下是本质上的数罪和对想象竞合犯数罪并罚并不违反禁止重复评价原则及罪责刑相适应原则等观点;主张对想象竞合犯应分情形进行不同的处罚:择一重罪处断,择一重罪从重处断,数罪并罚。
Imaginative jointer of offenses is a difficult problem in quantity of crime. There are different opinions about principle of punishment for imaginative jointer of offenses among scholars in the field of criminal law at home and abroad. Directing at the three critical problems in dispute in the field, this article holds that imaginative jointer of offenses in some cases is one crime in nature, while in other cases, it is several crimes in nature, and the principle of concurrent punishment for several crimes is not against the principles of prohibition of repeated evaluation and consistency of crime, liability, and penalty. The author advocates that different punishments should be given to the criminals of imaginative jointer of offenses according to the specified circumstances: Sentencing on the basis of the most serious crime; heavier punishment on the basis of the most serious crime; jointer of punishment for plural crimes.
出处
《中南林学院学报》
CSCD
2003年第3期49-52,共4页
Journal of Central South Forestry University
关键词
刑法学
想象竟合犯
处罚原则
重构
science of criminal law
imaginative jointer of offenses
principle of punishment
reconstruction
