数罪并罚中不同种有期自由刑应当适用哪个原则,我国刑法并未明确规定。目前我国刑法界和司法实务部门主要存在七种不同观点,即折算说、吸收说、分别执行说、折衷说、按比例分别执行部分刑期说、有限制的酌情(或酌量)分别执行说和有限制的酌情加重执行说。本文认为有限制的酌情加重执行说回避了其他学说的缺陷,可以作为将来立法的参考。 Which principle should be applied to different kind of free-time penalty in the condemnation of multiple crimes? The criminal law of our country does not stipulate clearly. At present, there are mainly seven different viewpoints in the field of criminal law and judicial practice in our country. That is to say, to say, to absorb, to say separately, to compromise, and to separately execute part of the sentence in proportion, saying that there are restrictions on discretionary (or discretionary) Restrictions increase enforcement as appropriate. This paper argues that restricting, as appropriate, aggravating enforcement means avoiding the flaws of other theories and can serve as a reference for future legislation.