贪污受贿案件中终身监禁法律问题研究

Study on Legal Problems of the Life Imprisonment in Graft and Bribery Cases

《刑法修正案(九)》中,终身监禁这一刑罚执行措施被依法确认。作为我国刑罚结构理论和制度创新的终身监禁措施,既符合刑罚轻缓化的国际刑罚制度要求,又彰显着我国政府严惩腐败的力度和决心,一经确认受到高度评价。然而终身监禁在世界各国司法实践中的逐渐突显的弊端,又让学者们对这一措施的确认存在诸多质疑。从终身监禁立法定位着手,分析司法适用及刑罚执行中将会产生的问题,提出预见性建议,给出相应执法意见。

Life imprisonment, a kind of penalty enforcement measure, has been confirmed by the Amendment ）. As a theoretical and systematic innovation of China＇s penalty structure, life imprisonment has been highly rated for it not only meets the requirements of the mitigation of punishment of the international penalty system, but also states the intensity and determination of punishing corruption of Chinese government. Nevertheless, for the gradually emerging drawbacks in the world＇s judicial practice, the confirmation of life imprisonment has received many doubts. From the perspective of legislation positioning of the life imprisonment, this article analyzes the judicial application and the problems may occur in the penalty execution, and finally, puts forward some corresponding advices in law enforcement.