【摘要】 从立法论和适用论角度考察，现行的异种有期自由刑并罚原则存在着不符合主刑体系的立法逻辑、与同种有期自由刑的并罚原则及其他刑罚制度不协调、并罚环节法官自由裁量权缺位、并罚结果罪刑不均衡等突出问题。针对这些问题，学界虽然提出了“全部并科”“换算成同种有期自由刑后按照限制加重原则并罚”“限制加重原则和并科原则并用”“限制加重原则和吸收原则并用”等方案，但都难以全面解决上述问题。异种有期自由刑并罚原则问题的最优解决方案是，以数罪所宣告的异种有期自由刑中最重的刑罚作为决定执行的刑罚的起点，以宣告的其他种类有期自由刑的刑期二分之一以上作为酌情加重处罚的幅度，决定执行的刑罚。数罪并罚决定执行数种主刑符合我国刑法对主刑与附加刑的分类规定，不会模糊主刑与附加刑的界限。更多还原

【Abstract】 From the perspectives of legislative theory and applicable theory, the current principle of combined punishment for different types of time-related freedom penalty has prominent problems such as not conforming to the legislative logic of the main penalty system, not coordinating with the principle of combined punishment for the same type of time-related freedom penalty, lacking the discretion of judges in the process of combined punishment,and imbalanced punishment for crimes resulting from combined punishment. In response to these issues, although the academic community has proposed solutions such as "merging all subjects", "converting them into the same type of time-related freedom penalty and punishing them according to the principle of restricted aggravation", "combining the principle of restricted aggravation with the principle of merging subjects", and "combining the principle of restricted aggravation with the principle of absorption", none of them have been able to comprehensively address the aforementioned problems. The optimal solution to the issue of the principle of combined punishment for different types of time-related freedom penalty is to use the heaviest penalty declared for multiple crimes as the starting point for determining the punishment to be executed, and to use more than half of the sentence declared for other types of time-related freedom penalty as the appropriate increase in punishment to determine the punishment to be executed. The decision to execute multiple main punishments based on combined punishment for multiple crimes is in line with the classification of main punishments and additional punishments in China’s criminal law, and will not blur the distinction between main punishments and additional punishments.更多还原