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多年来,刑法学教科书一直认为数罪并罚时,可以决定执行数刑中的最高刑期,也可以决定执行总和刑期。这与数罪并罚的本意和限制加重原则存在根本冲突,是完全错误的。虽然在一罪判刑较重,另一罪判刑很轻的特殊情况下,可以执行最高刑期或总和刑期,但这只是与《刑法》第99条巧合,不能以此为由将特殊推向一般,认为可以将《刑法》第99条的解释适用于《刑法》第69条。多年来,刑法学教科书还认为,决定执行的刑期前,应将总和刑期减为20年,这属于对《刑法》第69条的错误理解,也应予以纠正。另外,为了量刑公正和操作上的方便,可为数罪并罚总结出一种名为“取中间数”的基本并罚方法。
Over the years, criminal law textbooks have always believed that the number of crimes, may decide to execute the maximum sentence in the sentence, you can also decide to implement the sum of sentences. This is totally wrong in the fundamental conflict with the principle of aggravating the principle of the parallel punishment of crimes. Although the maximum term of imprisonment or the sum of the terms of imprisonment may be enforced in cases of heavy guilty pleas and minor convictions, but this coincides only with article 99 of the Penal Code and can not be used for the special promotion of generality, It is considered that the interpretation of article 99 of the Penal Code can be applied to article 69 of the Penal Code. Over the years, the criminal law textbooks also believe that the total sentence should be reduced to 20 years before the sentence is decided to be executed. This is a wrong understanding of Article 69 of the Criminal Law and should be corrected. In addition, for the convenience of sentencing justice and operation, a basic method of compulsory punishment named “taking the median ” can be summed up for several crimes.