【作者】 任江海；

【导师】 邱兴隆；

【作者基本信息】 湘潭大学 ， 法律， 2003， 硕士

【摘要】 数罪配刑就是对处于数罪形态的犯罪分配刑罚。英美法系不重视对数罪问题的研究，大陆法系的研究又相当凌乱，国内学者的研究大多停留在条文表层，所以，目前世界上尚无人系统地研究这个问题。由于立法上存在着混乱，实践中无所适从，所以攻克这个难关有重大的现实意义和理论价值。同种数罪采用并罪的方法寻找出与数罪等效的一罪，为之配刑即是为同种数罪配刑，实践中存在的数额犯的犯罪数额的累加，和非数额犯同种数罪的从重处理，都是并罪的具体方案。异种数罪通过个罪所配之刑运算来推出数罪整体应配之刑，这就是并罚的方法。数罪并罚有三个原则，并科原则、吸收原则和限制加重原则，它们在各自的适用范围内具有正当性。其中限制加重原则是最常用的原则，随着个罪中最重的刑期的增加，限制的程度应该越来越大，加重的程度越来越小。这种变化规律可以用公式表示。这个规律的发现为从立法上解决限制加重原则的量化问题创造了条件。作为一种特殊的异种数罪，牵连犯应以从轻并罚为原则。异种主刑的并罚仍以限制加重原则为主，无须作不必要的刑期折算。个罪所对应的刑种和刑度同样可以满足数罪配刑的需要，无须为数罪另设刑种和刑度。现行刑法的有关数罪的条文没有统一的配刑理念，应该以数罪配刑的基本理性进行梳理。更多还原

【Abstract】 Distributing punishment for several crimes is distributing punishment for crime that is in modality of several crimes. It is not regarded as an important study in Anglo-American law system and it is very random in civil law countries. Most scholars’ research is very superficial in China. In a word, there is no one who research the problem in all round way and deeply in the world. Because of the randomness in learning and absence in legislation, the judge don’t know how to deal with this sort of case in practice, so to solve this problem is greatly useful in theory and reality.The way of merger of offences is fit for distributing punishment for plural crimes of the same kind, that is distributing punishment for a crime which is equivalent with the plural crimes of the same kind. For example cumulating the amount or giving heavier punishment, Through operating the punishment of every crime we can get the punishment of several crimes, This process is called concurrent punishment for several crimes. There are three principles in concurrent punishment for several crimes, including principle of absorption, cumulation and limitative aggravation. They have justification in their own area of application, and principle of limitative aggravation is in the most common use. With the increase of the maximum term, more restriction is found. And this rule can be expressed by formula. This discovery paves the road for working out the problem in legislation.As a different kind of several crimes, the distributing punishment principle for implicated crimes is less concurrent punishment. Range of punishment and kind of punishment for a single crime can fill the need of distributing punishment for several crimes, so it is not necessary to set range of punishment and kind of punishment that is different from those of a single crime. Limitative aggravation should be the mainprinciple for the concurrent punishment of different kind of principal punishment, and it is not necessary to convert the different sort of principal punishment. Because there is no uniform idea of distributing punishment in articles on several crimes, we should card the law with basic sense of distributing punishment for several crimes.更多还原