刑法修正案(九)第四条明确了异种有期自由刑并罚原则,有利于统一司法实践适用尺度,但却带来量刑横向不平衡的问题,并且这一问题通过解释论难以得到有效解决。从立法论看,对有期徒刑和管制、拘役和管制的并罚,采用并科原则是正确的,但对于有期徒刑和拘役的并罚,则应当采取限制加重原则,主要原因在于有期徒刑和拘役是“形异质同”。 Article 9 of the Criminal Law Amendment Clause 4 clarifies the principle of joint excuse and freedom of punishment, which is conducive to unifying the applicable standards of judicial practice, but brings about the horizontal imbalance of sentencing, and this problem can not be effectively solved through interpretation. From a legislative point of view, the principle of adopting and consolidating fixed-term imprisonment and control, criminal detention and public surveillance is correct. However, the principle of aggravating restrictions on imprisonment and criminal detention should be adopted, mainly due to imprisonment and criminal detention Is “shaped heterogeneous ”.