对死缓性质的追问性反思与重构

Introspection and reconstruction of the nature of deferred death sentence

关于死缓性质,通说认为死缓并不是独立的刑种,而是死刑的执行方式。然而,从死缓制度起源及特征来看,死缓在一定意义上是兼有实刑特质的缓刑,寄寓于与实刑刑罚体系并行的缓刑刑罚体系之中。死缓具有刑种的属性,是死刑子刑种与死刑执行方式的结合体。将死缓定性为死刑子刑种,对于正确解释与解决刑事司法中遇到的实践问题具有重要意义。

As for the nature of deferred death sentence,it is generally accepted that deferred death sentence is not an independent penalty but rather a mode of execution of death penalty,However,judging from the origin and characteristics of the system of deferred death sentence,in a certain sense,deferred death sentence is a probationary sentence with substantive characteristic in the probation sentence system,The deferred death sentence is a kind of punishment combined the type of death penalty and the execution of death penalty,It is of great significance to determine the nature of deferred death sentence as a type of death penalty for the correct interpretation and solution of the practical problems encountered in criminal justice,