论文部分内容阅读
终身监禁制度突破了罪责刑相适应的刑法基本原则,更适宜由全国人大进行设立。终身监禁制度表面上似乎弥补了生命刑与自由刑之间的差距,但事实上其严厉性并不比生命刑轻缓,将其适用于特重大贪污受贿罪犯过于严苛。由于终身监禁的适用条件不够明确且逻辑混乱,可能造成一般死缓、终身监禁与死刑立即执行之间难以区分。此外,依靠终身监禁制度实现对贪腐分子的特殊预防缺乏必要,并且其适用条件被严格限定,一般预防作用也十分有限。
The system of life imprisonment has broken through the basic principle of criminal law that is compatible with crime and punishment and is more suitable for establishment by the NPC. Life imprisonment appears to make up for the difference between life imprisonment and freedom imprisonment, but in fact its severity is no less lenient than life imprisonment, and its application to extraordinarily harsh criminality of major corruption bribery. Due to the lack of clarity on the conditions of life imprisonment and the chaos of logic, general cadaverism may be caused and the distinction between life imprisonment and immediate execution of the death penalty can be difficult. In addition, it is not necessary to rely on the system of life imprisonment for the special prevention of corrupt elements. Its conditions of application are strictly limited and its general preventive effect is also very limited.