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军事刑罚易科制度作为一种行刑制度,是弥补军事刑罚执行过程中各种缺陷与漏洞行之有效的方法,在理论和实践上得到了世界众多国家的认可和采用。从军事刑法理论分析,军事刑罚本质的同一、军事刑罚目的的实现、军事刑事政策的考量为军事刑罚易科制度提供了理论依据。从军事刑罚执行现状分析,罚金刑执行难和自由刑交叉感染的弊端为军事刑罚易科制度提供了实践基础。罚金刑和自由刑易科在各国军事刑罚易科制度中最具有代表性,需要立法明确规定易科适用的条件,易科的换算方法,以及易科适用的法律后果。
As a kind of execution system, the system of military penalties is an effective method to make up for various defects and loopholes in the execution of military penalties. It has been approved and adopted by many countries in the world in theory and practice. From the analysis of military criminal law theory, the same nature of military penalty, the realization of the purpose of military penalty and the consideration of military criminal policy, it provides a theoretical basis for the system of military penalties. From the analysis of the status quo of the implementation of the military penalty, the disadvantages of the implementation of the fine penalty and the cross-infection of the free penalty provide the practical basis for the system of the military penalties. The fine and free sentences are the most representative in the system of military penalties and ease of use in various countries. They require that the legislation clearly stipulate the conditions for the application of the easy ones, the conversion methods and the legal consequences of the application.