贪贿犯罪中“终身监禁”的否定

On the Negation of Life Imprisonment for Bribery

随着《刑法修正案(九)》的出台,我国在刑法典明文提出"终身监禁,不得适用减刑、假释"。终身监禁不是我国新增的独立刑种,只是对我国原有无期徒刑制度的一个新的适用限制,实质上是一种在特定情况下由死刑缓期执行转为无期徒刑的刑罚执行措施。然而,该措施与刑罚设立的目的、功能相悖,更是在法律体系中定位模糊,特别是与罪刑均衡和刑罚进化背道而驰。总之,在该措施被废除之前应当对其持谨慎的态度,减少这项措施的适用,不得让刑罚的利剑肆意挥舞。

With the enactment of ＂Amendment to Criminal Law（9）＂,China has put it forward that ＂commutation of sentence and parole shall not be applicable for life imprisonment＂ in the criminal codes. In fact, ＂life imprisonment＂ is not a newly-added penalty in China,which only serves as a new limit of application of the existing life imprisonment system in China. In essence,it is a kind of penalty enforcement that can be transformed from death sentence with a reprieve to life imprisonment. However,this measure is set against the purpose and function of the penal system. It is even considered ambiguous in the legal system,especially contrary to the balance between crime and punishment and penalty evolution. In general,we should reduce the application of this penalty with a prudent attitude before it is abolished so as not to implement this penalty arbitrarily.