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对于不同种有期自由刑如何并罚决定执行的刑期,我国现行刑法并未作具体明确的规定,审判实践中各地法院也就无所适从,做法不一,给数罪并罚制度留下了亟待解决的立法空白。本文阐述了法学界对于此问题的四项主张后,重点介绍了其中最值得提出讨论的“折算说”的优缺和采“分别执行说”的依据,最后笔者强调并解释了坚持“分别执行说”的原因、依据,并结合“不同种有期自由刑如何并罚问题的调查与研究问卷”分析,建议立法部门尽快做出司法解释。
As to how different kinds of free imprisonment have been decided and executed, the current criminal law of our country has not made any specific and definite provisions. All the courts in the trial practice are at a loss and they have different approaches, leaving the urgent solution to the system of multiple crimes Legislation blank. After elaborating the four propositions of the legal circle on this issue, this article mainly introduces the basis of the “merits” and the “separate implementation of the” “discourse theory” which are most worthy of discussion. Finally, the author emphasizes and explains Adhere to the “implementation of the said ” the reasons, based on, combined with “different kinds of freedom and how to solve the problem of parallel investigation and research questionnaire ” analysis, suggest that the legislative department to make judicial interpretation as soon as possible.