刑事法治背景下终身监禁制度的消解

The Disintegration of Life Imprisonment System in the Content of Criminal Legal System

在反贪的严峻态势下,我国刑法引入了终身监禁制度。该制度作为死刑的替代性制度而问世,对近代刑事法治的推进发挥过积极作用。然而,随着现代刑事法治的演变,终身监禁和刑罚轻缓化理念、行刑社会化思潮以及刑罚经济原则间存在不可调和的矛盾,终身监禁在各国的立法和司法实践中受到了诸多限制。因此,立足于理论层面的现实阻碍,对其进行消解不仅存在域外法治的借鉴基础,也具备现实的制度支撑。

Due to the severe situation of anti-corruption,life imprisonment has been brought into criminal legal system. The system,which was brought into existence as a substitute for death penalty,has played an active part in the development of modern criminal system.However,with the development of modern criminal system,there exist irreconcilable conflicts between life sentence and the concept of mitigation of penalty,the socialization of the execution and the economic principles concerning penalty,which hinder the legislative and judicial enforcement of life imprisonment in different countries.In light of the theoretical and practical difficulties it faces ,the disintegration of life imprisonment is reasonable which is supported by both the experience of foreign law systems and the practical systems of China.