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由于立法的粗疏,刑法对不同种自由刑之间如何实现数罪并罚没有作出明文规定,导致学界对此问题众说纷纭。分别执行原则本质上已经不是数罪并罚的原则,限制加重原则无论如何折算仍然存在缺陷而且没有法律依据,按比例分别执行原则将问题进一步复杂化。实际上,吸收原则完全可以解决这个问题,而且并不因此而放纵犯罪。承认吸收原则可以使得包括死刑、无期徒刑在内的所有不同种自由刑的数罪并罚原则得到协调、统一。
Due to the lack of legislation, there is no explicit stipulation in criminal law on how to realize the condemnation of different crimes between different kinds of freedom punishment, which led to the wide divergence of opinions among scholars in this field. In principle, the principle of separate enforcement is no longer the principle of concurrent punishment for multiple crimes. The principle of the aggravation of the restriction is still defective in any case and has no legal basis. The principle of proportionality and separate implementation further complicates the issue. In fact, the principle of absorption can completely solve this problem, but does not indulge in crime. The recognition of the principle of absorption can lead to the coordination and unification of the principle of joint punishment of all different kinds of free imprisonment, including death penalty and life imprisonment.