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在刑罚裁量中,德国、日本刑法以及我国台湾、澳门刑法都规定了处断刑,希望通过处断刑架构起法定刑通向宣告刑的桥梁。立法者通过处断刑的规定,不仅可以有效地控制法官的刑罚裁量权,还能指引法官寻找一个比较适当的量刑幅度,并在该量刑幅度内找到与犯罪相适应的具体的刑罚点。但德国、日本刑法与我国台湾、澳门刑法在处断刑的立法模式上存在着一些差异,前者采取总则式立法,后者采取总则与分则相结合式立法,二者对我国量刑规则的改造均具有启发意义。
In the discretion of the penalty, the criminal law of Germany and Japan, as well as the criminal law of Taiwan and Macao in our country, stipulate punishable punishment and hope to establish the legal penalty leading to the punishment of criminal punishment by imposing a criminal punishment. By imposing punishments, the legislator can not only effectively control the judge’s discretion, but also guide the judge to find a more appropriate range of sentencing, and find the specific penalty in the range of sentencing. However, there are some differences between the criminal law of Germany and Japan and the legislation model that the criminal law of our country in Taiwan and Macao punish severely. The former adopts the general legislation and the latter adopts the combined legislation of the general rules and the sub-rules. Both the reform of the sentencing rules in our country Are instructive.