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减轻处罚是我国刑罚裁量中从宽处罚的一种情形。根据我国刑法第六十三条,减轻处罚是指犯罪分子具有刑法规定的减轻处罚情节的,应当在法定刑以下判处刑罚。但在具体的适用中,在很多方面存在争议,例如减轻处罚的幅度究竟是依据刑法分则规定的法定刑幅度,还是根据我国刑罚中的格来减轻处罚;减轻处罚是否及于附加刑,是否能够减为附加刑,能否由刑罚处罚减轻至行政处罚等。本文拟从立法目的,可行性,刑法的体系解释等角度来分析减轻处罚,以期对这些问题有一个较为合理的解决。
Mitigating punishment is a kind of leniency punishment in our country. According to Article 63 of the Criminal Law of China, mitigating a punishment means that a criminal shall mitigate the circumstances as provided for in the criminal law and shall be sentenced to the penalty below the legal punishment. However, in specific application, there are many controversies, such as reducing the scope of the punishment according to the statutory provisions of criminal law, or according to the penalty in our country to ease the punishment; reduce the punishment whether the additional sentence, whether it can Reduced to additional punishment, whether reduced by penalties to administrative penalties. This article intends to analyze the mitigating punishments from the legislative purposes, feasibility and system explanation of the criminal law so as to have a more reasonable solution to these problems.