短期自由刑是指在短时间内剥夺或者限制犯罪人自由的刑罚,由于自由刑的可分割性特征,使得时间上的划分成为区别短期自由刑与长期自由刑的重要标志。但是,对于短期自由刑“短期”的界定,存在不同理解,结合我国刑法理论界和司法实践的具体情况,笔者将短期自由刑限定在三年以下有期徒刑,并且将短期自由刑的研究范围限定在剥夺自由刑。 Short-term freedom punishment refers to the punishment of deprivation or restriction of the freedom of criminals in a short period of time. Due to the divisibility of freedom punishment, the division of time becomes an important symbol to distinguish between short-term freedom punishment and long-term freedom punishment. However, for the definition of short-term free sentence “short-term ”, there are different understandings. According to the specific situation of criminal law theory circle and judicial practice in our country, the author limits the short-term freedom sentence to three years in prison and the short-term freedom punishment The scope is limited to deprivation of liberty.