论文部分内容阅读
根据我国刑法第六十三条的规定,犯罪分子具有本法规定的减轻处罚情节的,应当在法定刑以下判处刑罚。犯罪分子虽然不具有本法规定的减轻处罚情节,但是根据案件的特殊情况,经最高人民法院核准,也可以在法定刑以下判处刑罚。《刑法修正案(八)》对原有的减轻处罚制度进行了完善。但是,作为一种对犯罪分子宽大处遇的刑罚制度,如何正确理解刑法及其修正案中的“法定刑”是适用减轻处罚制度的关键,对此,笔者认为,现有立法规定减轻处罚制度时使用“法定刑”值得商榷,应当将“法定刑”修
According to the provisions of Article 63 of the Criminal Law of our country, criminals who have mitigated circumstances as provided for in this Law shall be sentenced to criminal penalties below the legal punishment. Although criminals do not have mitigating circumstances as provided for in this Law, they may also be sentenced to the following punishments under the statutory sentence according to the special circumstances of the case and upon approval by the Supreme People’s Court. “Criminal Law Amendment (8)” to improve the original mitigation system. However, as a kind of penalty system for treating criminals leniently, how to correctly understand the “legal punishment” in criminal law and its amendment is the key to applying the mitigation system. In this regard, the author believes that the existing legislative provisions reduce When using the “punishment system” “legal punishment ” is open to question, should be “legal punishment ” repair