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刑法总则用一个法条概括从轻、减轻或免除处罚的示例性抽象规定,通说认为此种情节是多功能或多幅度情节,但笔者认为其仅是法条概括的集合情节。虽总则情节的适用对犯罪事实的定型化无法做详细规定,却隐含处罚适用的实质差异。集合情节对分则之罪仅有一种应然处罚优遇效果,而不具有多功能或多幅度。根据罪质和法定刑的差异,笔者将各罪分为极轻罪、较轻罪、轻罪、重罪、较重罪、更重罪、极重罪,并理想化地建立集合情节的处罚分级机制,明示情节适用处罚的唯一性。
The general rule of criminal law uses an exemplar of abstract absurdities to mitigate, abridge or exempt from punishment. It is said that such a plot is a multi-functional or multi-plot, but I think it is merely a collection of episodes summarized by the law. Although the application of the general rules can not make detailed provisions on the finalization of the criminal facts, it implies the substantive differences applicable to the punishment. There is only one type of crime that should be penalized for the merits of episodes, but not multi-functional or multi-amplitude. According to the difference between sin and legal punishment, the author divides each crime into one of minor crime, minor crime, misdemeanor, serious crime, heavier crime, even more serious crime, extremely serious crime, and ideally establishes punishment grading mechanism of collecting episodes, Plot applies to the sole punishment.