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《一案多种违法行为如何处罚》一文列举了某县质监局在查处郑某无证生产肉松等违法行为的过程中,案审人员对该案在定性与处罚方面提出的五种不同意见。笔者认为,准确适用刑法理论中的“数罪并罚”理论,是解决该类问题的关键。刑法中的“数罪并罚”理论,是指对犯有两种以上罪行的人员,就所犯各罪分别定罪量刑后,按一定原则判决宣告执行。“数罪并罚”的适用规则主要包括:吸收规则。即以重并轻,
“A case of how to punish a variety of illegal acts,” cited a county Bureau of Quality Supervision in the investigation of Zheng undocumented production of floss and other illegal activities in the process, the trial staff in the case of the qualitative and punitive aspects of the five different views . The author believes that the accurate application of the theory of “multiple crimes” in the theory of criminal law is the key to solve such problems. The theory of “multiple crimes and multiple punishments” in the criminal law refers to the conviction and sentencing of the crimes committed by more than two kinds of crimes respectively, and according to certain principles, it shall be pronounced and enforced. “Several crimes and punish ” applicable rules include: Absorption rules. That is, heavy and light,