贪污受贿罪终身监禁制度若干问题研究

Research on Several Problems of Lifelong Imprisonment System for Crime of Corruption and Bribery

《刑法修正案(九)》增设了重特大贪污受贿犯罪死缓犯终身监禁制度。终身监禁制度既非死刑立即执行替代措施,也不是某一刑种的执行方式,其属于死缓的法律后果之一;司法解释关于终身监禁溯及力的规定,仅限于"原本应当判处死刑立即执行"的情形,因而没有违反从旧兼从轻原则;被判处终身监禁的死缓犯,在任何阶段都不能因其具有重大立功表现而被减刑。

In order to further optimize the penalty arrangement of punishing the crime of corruption and bribery and coordinate the structure of anti-corruption penalty, the Criminal Law Amendment （9） added the system of life im- prisonment for the extraordinarily serious crime of corruption and bribery. The life imprisonment is neither an alternative to the death penalty nor a form of execution of a particular type of punishment, and it is one of the legal consequences of the suspension of death. The judicial interpretation provides that life imprisonment is applicable to offenders who were originally sentenced to death for immediate execution, so it doesn＇ t violate the old and lighter principle. A suspended prisoner sentenced to life imprisonment cannot at any stage be commuted for his performance of significant meritorious service.