数罪并罚制度适用中的问题与应对

我国《刑法》规定的数罪并罚制度对贯彻罪责刑相适应原则和实现刑罚目的具有重要意义。生动鲜活的案例为检验数罪并罚制度的适用情况提供了契机。实践中,学者们对数罪并罚的原则、方法及与累犯、死刑相关的一些问题仍未能达成共识。对典型司法案例进行研究分析后认为:在适用数罪并罚制度时应具有正当性根据、符合立法目的和实现罪责刑相适应;死缓期间故意犯罪需要变更为执行死刑时,数罪并罚制度在审判程序中应暂缓适用。

Problems and countermeasures of application of institution of combined punishment for multiple offenses

The institution of combined punishment for multiple offenses stipulated by the PRC Criminal Law has important significance of implementing the principle of matching punishment with crime and responsibility and realizing the purpose of punishment. The vivid cases provide opportunities for the inspection of application of institution of combined punishment for multiple offenses. In practice, consensuses are yet to be reached by scholars concerning the principle and method of combined punishment for multiple offenses and the issues related to recidivism and death penalty. After the study and analysis of typical judicial cases, it is concluded that the legitimacy basis should be existed, the legislative purpose should be satisfied, and the matching punishment with crime should be realized when applying the institution of combined punishment for multiple offenses; and the application of institution of combined punishment for multiple offenses should be suspended when the death penalty needs to be changed into execution due to the intentional crime during its reprieve.