刑罚设定问题包括法定刑的设定根据与设定技巧。
Penalty set includes the set basis and skill of statutory sentence.
刑的明确主要是指法定刑及其幅度应当相对明确。
The definitive of the punishment mainly refers to that the legally-prescribed punishment and its scope should be definite relatively.
在本罪的罪名、罪状、法定刑方面，都有值得完善的地方。
There are many places worthy to be perfect, such as the guilty charge, the fact of the crime, legal punishment.
如何实现盗窃罪法定刑理性化设计，已成为学者们应然性的思考。
How to rationally design Legal Sentence of theft has become a tan thinking of scholars.
因此，财产损失与人员伤亡不能适用相同的法定刑，而应分别规定。
Therefore, property loss and casualty should not apply the same statutory sentences, but be prescribed respectively.
最后，笔者将对此罪的构成要件以及法定刑设置的完善方面提出几点看法。
Finally, I will talk about the views of special constitutive elements of crime, as well as distribution and improvement of legal sentence.
在我国刑法中，经常有财产损失与人员伤亡并列作为某种法定刑适用对象的情况。
The apposition of property loss and casualty often appeared in the criminal law of China as a situation of the objects to which certain statutory punishment applied.
我国刑法对传播淫秽物品牟利罪法定刑的规定，远高于传播淫秽物品罪法定刑的规定。
In Chinese criminal law, the legal penalty of crime of spreading obscene articles for the purpose of profit is higher unreasonably than that of crime of spreading obscene articles.
为了惩罚损害债权罪，保护债权，我国刑法应增设损害债权罪的罪名、罪状和法定刑。
In order to punish crimes of injury to credit rights and safeguard the credit rights, accusation and facts about the crime as...
并且，危险驾驶罪中对醉酒驾驶和追逐竞驶的法定刑规定的较低等问题都需要进一步讨论。
And, dangerous driving drunk driving SINS and the pursuit of the legal punishment regulations racing drove the lower problems need further discussion.
犯罪分子具有本法规定的从重处罚、从轻处罚情节的，应当在法定刑的限度以内判处刑罚。
If a crime has not been constituted and administrative penalty for public security should be given, the Regulations on administrative Penalties for public security shall apply.
无罪状描述，与国际公约不能完全衔接，法定刑的设置欠缺，特定的量刑情节无规定等缺陷。
These provisions can't completely link up with international conventions. And criminal law lacks of legal penalty and particular details on measuring penal terms.
将财产损失与人员伤亡相并列作为适用死刑与自由刑相并列之法定刑的依据，具有实质的不合理性。
It is substantially unreasonable that taking the apposition of property loss and casualty as the basis for the statutory sentences of the apposition of death penalty and punishment against freedom.
追究牵连犯的刑事责任，宜采取“从一重重处断”原则，即在牵连犯的重罪法定刑范围内从重处罚。
An implicated offender should be given graver punishment in accordance with the law penalty of the graver or gravest crime of an implicated offense, which is called "Double-Aggravated" Principle.
我国重大责任事故罪的法定刑配置的立法缺陷表现为，在刑量上配刑偏轻，在刑种设置方面过于简单。
The legal defect of the statutory penalty allocation for Negligently Causing Serious Accident Crime in our country behaves that the penalty measurement is too light and the penalty type is too simple.
现行刑法第234条规定了故意伤害罪，其内容较1979年刑法相比，规定更为明确，法定刑也有所调整。
The criminal Law article 234 provides the deliberate hurt crime. Compared with that in 1979, its regulations are more definite, and the legal punishment are adjusted a lot.
而实际上，因为刑法规范所能提供的仅仅是犯罪类型和相对确定的法定刑，类比推理其实在刑法适用中发挥着相当重要的作用。
In fact, because what the criminal law can prescribe is only crime types and relatively definite penalty, analogical reasoning plays important role in application of criminal law.
刑讯逼供法定刑的改造重点在于刑种的增加和层次的细化，改造后的刑讯逼供罪的法定刑可从源头上杜绝明显错案的再次发生。
The key reform of legal penalty is to increase types and levels, and the wrong cases will be prevented by the new legal penalty of torture.
针对法定刑幅度过大、量刑情节的概括性导致法官自由裁量权过大从而使量刑不规范的问题，主张从立法上细化法定刑幅度和量刑情节的调节幅度；
There are reasons about legislation, judicial and other. On legislation, legal amplitude were too large, the plot of the sentence is too general that lead to the judge have a big discretion right.
针对法定刑幅度过大、量刑情节的概括性导致法官自由裁量权过大从而使量刑不规范的问题，主张从立法上细化法定刑幅度和量刑情节的调节幅度；
There are reasons about legislation, judicial and other. On legislation, legal amplitude were too large, the plot of the sentence is too general that lead to the judge have a big discretion right.
应用推荐