论反腐视野下终身监禁的改良

On the Improvement of Life Imprisonment under the View of Anti Corruption

终身监禁在我国《刑法》中被作为一种附属于死缓制度、专门适用于重特大贪污贿赂犯罪的特殊措施使用,这与当前"反腐"的政治形势有关,其严厉性并不比死刑轻缓,贪污贿赂犯罪人被执行刑罚后因失去职务而失去了再犯能力,无需判处终身监禁而引发不利影响,应在"反腐败斗争"取得一定程度的胜利后进行修正。终身监禁因其特征而存在优势,应引入我国刑法作为主刑之一,适用于严重的暴力犯罪、性犯罪的累犯等。

In China＇ s Criminal Law, life imprisonment is attached to stay of execution and as a special measure specifically for serious corruption and bribery, which is related to the political situation of anti corruption. It is more severe than death penalty. There is no necessary to execute life imprisonment because the criminal lost the recidivism ability due to loss the post. It should be amended after a certain degree of victory in the fight against corruption. We should introduce life imprisonment as a principal penalty because of its advantage, applied to the crime of violence and rape recidivism etc.