论死缓变更执行死刑的条件

On Conditions of Changing Suspended Death Sentences to Immediate Execution

《刑法修正案（九）》第2条对于死缓变更执行死刑条件的修改。虽具重要的立法价值，但也有其制度缺憾。因为“情节恶劣”的表述过于概括、抽象，其限制死缓变更执行死刑的作用有限，而且也与刑法中该术语使用的惯例不符，容易导致误解。应将死缓变更执行死刑的条件进一步提高为“应当被判处死刑的故意犯罪”，以切实有效地避免错杀、误判，更为充分地彰显严格限制与慎重适用死刑之政策精神。

Both significant legislative values and systemic deficiencies can be found in article 2 of the Ninth Amendment to the Criminal Law that modifies conditions of changing suspended death sentences to immediate execution. The expression of ＂ execrable circumstances＂ is far too recapitulative and abstract. Therefore, it can only exert limited effect on the changing of suspended death sentences to immediate execution. Meanwhile,it may result in misunderstandings as it does not accord with the customary way it is used in the Criminal Law. The condition on which suspended death sentences can be changed to immediate execution should be upgraded to ＂intention crimes that should be punished with the death penalty＂, to practically and effectively avoid wrongful execution and miscarriage and highlight the policy of strictly limiting and being cautiously in using the death penalty.