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我国刑法理论界多年来对并科原则持排斥态度,并对该原则进行诸多的责难。事实上对该原则的责难并无道理,该原则与其他原则相比更能贯彻法律面前人人平等原则和罪责刑相适应原则,从而更符合刑罚的目的,也能避免限制加重原则所产生的量刑随意性。该原则导致有期徒刑过长从而与无期徒刑无异的局面可以通过完善一定的刑罚执行措施来避免。建议尽量扩展并科原则的适用空间。
Over the years, the theory circles of criminal law in our country have always rejected the principle of mergers and acquisitions and conducted many censure on the principle. In fact, the principle of censure is unreasonable. Compared with other principles, this principle can better implement the principle of equality before the law and the principle of adaptive punishment for crimes, so as to better meet the purpose of punishment and avoid the restriction of aggravating principles Sentencing randomness. This principle results in prolonged imprisonment resulting in no difference from life imprisonment, which can be avoided by perfecting certain penalties. Proposed to maximize the application of space and science principles.