累计数额刑事处罚制度研究

尽管累计数额刑事处罚制度呈现出一种扩张态势,但它存在诸多问题。鉴于其理论根基并不牢靠,应促使其让位于更符合刑法原理的普通处理方法。体现在司法实践中,就需要从学理上对之进行限制解释,即:只能针对符合徐行犯、集合犯形态的数次行为,在未经刑事处罚处理并且未超过刑法追诉时效时,采取累计数额方式予以刑事处罚。对连续犯、同种数罪不宜采用此方法。适用此方法既不应受"未经行政处罚处理"的限制,也不应受有关行政违法行为追诉时效的限制。

Study on the System of Criminal punishment about Accumulate Amount

Though the system of criminal punishment about accumulate amount is showing itself situation of overspreading,there are much problems in it.Considering its irrationality,the system must be replaced by ordinarily method which is more accord with criminal theory.It means that strict explain must be adopted in the field of justice.According to the explain,the system of accumulate amount be adopted not only aimed at both gradual offence and cumulative offence,hut also the offence have can't be punished and ought be criminal punished.Therefore,the system can't be adopted aimed at continuous offence and same numeral crimes.,We must not think over be administratively punished and effectiveness of time about administrative offence when the system is adopted.