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域外刑期折抵立法和我国刑期折抵实践均表明,我国刑法关于刑期折抵的立法模式、折抵原则和折抵本刑等都存在重大缺陷,亟待完善。其最为简捷的完善方式是,在法律文化许可的情况下,也采用专门规制的立法方式、混合主义的折抵原则和所有可独立适用刑罚为折抵本刑的域外模式。
The practice of discounting the extraterritoriality sentences and the practice of turning off the sentences of our country have shown that there are major shortcomings in our country’s criminal law on the legislative mode of offsetting the term of imprisonment, the principle of discounting and the principle of discounting this sentence, which is in urgent need of improvement. The simplest and most perfect way is to adopt the legislative mode of special regulation and the principle of reciprocity of mixed doctrine and all the extraterritorial modes that can independently apply the penalty to offset this punishment under the circumstance of law and culture permission.