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数罪并罚制度在我国的刑罚体系中占有重要的地位,从总体上解决了对一人犯数罪如何处罚的问题。然而,在理论界和实务界,对于数罪并罚制度中的诸多问题还存在争议。本文针对其中的同种数罪、非同种有期自由刑、同种附加刑以及非同种附加刑的并罚问题进行了探究,并试图从罪责刑相适应的角度,运用限制加重原则平息这些争论。
The system of multiple confessions of punishment plays an important role in the penalty system of our country, and generally solves the problem of how to punish one crime for several crimes. However, there are still many controversies in the theoretical and practical circles regarding many issues in the system of multiple confessions. This article probes into the issue of same-sex crime, non-same-term freedom punishment, same-type supplementary punishment and non-same-type supplementary punishment, and tries to use the principle of restraint and aggravating to quell these arguments from the perspective of crime and punishment.