论无期徒刑配刑的缺陷与完善——以宽严相济刑事政策为视角

On the Problems and Perfection of the Imposition of Life Imprisonment in China——From the Perspective of the Criminal Policy of "Combining Punishment with Leniency"

我国无期徒刑配刑存在诸多不符合宽严相济刑事政策之处:刑罚结构偏重,涉及无期徒刑的罪名过多;过失犯罪配置了无期徒刑;未成年人犯罪配置了无期徒刑。对此,应优化我国的刑罚结构,禁止为过失犯罪和未成年人犯罪配置无期徒刑。

At present, there are a good many cases in China where the imposition of life imprisonment does not meet the criminal policy of combining punishment with leniency. For example, owing to the severe criminal punishment structure, there are too many criminal charges related to life imprisonment. Sometimes, life imprison- ment is applied to criminal negligence and minor offence cases; and sometimes, juvenile delinquency cases also choose life imprisonment as a sanction. In this regard, the penalty structure of China should be optimized so as to prohibit the application of life imprisonment to criminal negligence or juvenile delinquency cases.