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对于判决宣告前一人犯有期徒刑和拘役数罪时如何并罚,以往我国刑法没有明确规定。《中华人民共和国刑法修正案(九)》第四条虽做出具体规定,但该规定不能体现罪刑相适应原则,且易存歧义。本人将通过几种争议观点总结及观点评析,建议明确规定拘役与有期徒刑并罚时采用分别执行原则,即先执行有期徒刑,后执行拘役。
How to make the same punishment for the sentence of one sentence of imprisonment and criminal detention before the sentence was pronounced? In the past, the criminal law of our country did not clearly stipulate. Article 4 of the Amendment to the Criminal Law of the People’s Republic of China (No. 9) Although specific provisions have been made, the Provisions can not reflect the principle of appropriate punishment for crime and are easy to be ambiguous. I will summarize several controversial points of view and point of view, it is proposed that the provisions of detention and fixed-term imprisonment, respectively, the implementation of the principle of separation, that is, the implementation of imprisonment before the execution of criminal detention.