终身监禁制度的价值实现、立法反思与未来展望

Life Imprison System: Advantages, Legislation and Prospects

终身监禁作为一项刑罚执行制度,根本价值在于限制死刑适用,促进死刑废除进程,作用是死刑替代措施。实现终身监禁的价值关键不在于制度本身,而在于刑事政策的导向与贯彻。终身监禁的立法过程值得反思,存在片面立法、程序不到位等问题,应当予以重视。废除终身监禁应是废除死刑后努力的方向,可以从两个方面考虑:一是直接废除终身监禁制度;二是变相废除终身监禁制度,给予矫正出口,让终身监禁不再"终身"。

Life imprison system as one of penalty execution mechanisms can be an alternative to the death penalty in practice in that in restraining application of death penalty, it would result in its abolition. The criminal policy shall be appropriately oriented and implemented so as advantages of life imprison could be fully explored. In terms of legislation, there are still some problems. For instance, not all factors have been taken into considered, and no practical procedures have been accounted for. The present study proposes two approaches to substituting the death penalty by life imprison, one of which is to put an end to the death penalty, and the other of which is to terminate the life imprison system in a proper way, by introducing correction mechanism.