摘要
终身监禁并不比生命刑轻缓,将其适用于特重大贪污受贿罪犯过于严苛且与轻缓化的刑罚进化趋向相背离;而且不能根除减刑、假释制度在刑罚执行中的弊病。由于终身监禁的适用条件不够明确且逻辑混乱,造成一般死缓、终身监禁与死刑立即执行之间界限模糊,因而难以为惩处贪污受贿犯罪提供统一的司法适用标准。
The seriousness of life imprisonment is no less than death penalty. Therefore, it is too harsh to apply it to the major corruption and bribery criminals, which also departs from the trend of penalty mitigation.Besides, the life imprisonment cannot overcome the drawbacks thoroughly in the implementation of computation and parole system. Due to the vagueness and illogicality of applicable conditions of life imprisonment, it is difficult to draw a clear line among the death sentence of immediate execution, the death sentence with a reprieve and life imprisonment. As a result, it is difficult to provide a common applicable standard to punish the crime of corruption and bribery.
出处
《北京政法职业学院学报》
2016年第3期78-83,共6页
Journal of Beijing College of Politics and Law
关键词
终身监禁
刑罚强度
刑罚执行
适用条件
life imprisonment
seriousness of punishment
execution of punishment
applicable conditions
