刑法第48条“不是必须立即执行”的理解

An Interpretation of Article 48 in the Criminal Law That “The Immediate Execution of a Criminal Punishable by Death Is Not Deemed Necessary”

死缓和死刑立即执行之间的界限一直是司法实践中的难点问题。而如何理解"不是必须立即执行",则成为正确把握死缓适用标准的关键。"不是必须立即执行"现在并无定论,但通过对一定数量的最高法院刑事审判指导案例的双变量交互分析和二元Logistic回归分析,死缓适用的部分依据和规律还是能清晰地呈现出来,这对于死缓适用条件的理解具有启示意义。

The boundaries between death sentences with a suspension of execution and those with immediate ex- ecution have always been a difficult problem in the judicial practice. How to understand that ＂the immediate ex- ecution of a criminal punishable by death is not deemed necessary＂ is the key to correctly grasp the applicable standard for death sentences with a suspension of execution. That ＂the immediate execution of a criminal punish- able by death is not deemed necessary＂ has not achieved the final conclusion. However, through a certain num- ber of bivariate interaction analysis and binary logistic regression analysis of the criminal trial guidance cases by the Supreme Court, the partial gist and law applicable to death sentences with a suspension of execution can be displayed explicitly, which is of inspiration to the interpretation of applicable conditions for death sentences with a suspension of execution.