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关于中止犯减免刑罚的根据,学理上提出了一系列的理论。综观德日刑法之种种学说,可以发现,这些学说尽管表面上见解分歧,但其实都在围绕者一个相同的点在探求原因:决定、影响科处刑罚的因素。这不失为一个恰当的立足点。以此来看,在我国刑法体系下,中止犯减免刑罚的根据在于社会危害性的减小、刑罚目的的(部分)实现以及刑事政策的引导。
On the basis of suspend the crime of commutation and punishment, theoretically put forward a series of theories. Looking at the various theories of German and Japanese criminal law, we can see that although these doctrines seemingly disagree on the surface, they all actually seek the same reasoning around them: the factors that determine and penalize the department. This is a proper foothold. From this point of view, under the criminal law system of our country, the basis for suspending the crime of commutation and exemption is the reduction of the harmfulness of society, the (partial) realization of criminal purpose and the guidance of criminal policy.