我国终身监禁的法律定位与司法适用

Legal Orientation and Judicial Application of Life Imprisonment in China

终身监禁制度是《刑法修正案(九)》新增的一项重要内容。终身监禁就其法律性质而言,并非新的刑罚种类,而是一种执行措施,是依附于死缓和无期徒刑而存在的下位概念。终身监禁新规可以有条件地逆向适用于旧贪贿案件;终身监禁在死缓执行期间若有重大立功可适用减刑,在死缓减为无期徒刑后,即使存在重大立功,亦不构成减刑的因由。

Life imprisonment without parole is an important new portion of the 9th amendment of criminal code. It＇s not a new kind of punishment but a measure of implementation. It＇s a concept under the death penalty and life imprisonment. The new rules can be conditionally applied to the old reverse-bribery crime. Criminals can be commuted during the execution of the death sentence If there is significant meritorious service, but can＇t be commuted after the death sentence for life imprisonment. In addition to considering the amount of standards, various circumstances should also be considered when it is applied.