死缓考验期满被终身监禁的五大证伪

Five Falsifications on Being Prisoned for Life after Death Sentence in a Reprieve Period

《刑法修正案(九)》首次在贪污罪的法定刑中规定了终身监禁。如此规则设计的目的在于限制死刑,增加生刑。然而,终身监禁不仅模糊了独立刑种与刑罚配套措施的准确定位,不能在很大程度上削减贪污罪的死刑适用,导致立法目的无法达成,而且因适用的不确定性、行刑理念的落差而带来刑罚体系自身的矛盾,破坏了总则与分则之间的关系。同时,以刑法修正案方式增设终身监禁亦有违宪之嫌,把其适用对象局限于贪污受贿犯罪也违反了平等原则。因此,这并不是一种合理的立法制度安排。

Amendment （IX） to the Criminal Law firstly formulates Life Imprisonment in statutory sentence of Crime of Corruption. The purpose of this is to limit the number of death penalty and expand life sentence. However, the Life Impris- onment not only confuses an accurate position in independent kinds of criminal penalties and criminal penalties＇ related measures, far from decreasing application of death penalty in Crime of Corruption, leading to failure in the purpose of legis- lation, but also damages the relationship between general rules and specific provisions of Criminal Law due to uncertainty in application and gap in execution＇s principle, which all cause contradictions in penalty system. Meanwhile, adding Life Imprisonment in a way of amendment holds in suspicion of violation of the Constitution, and being confined to crime of corruption and bribery also violates the principle of equality. Therefore, it is not a reasonable legislative arrangement.