终身监禁刑的制度困境及其路径抉择

The Institutional Dilemma and Path Choice of Life Imprisonment

终身监禁落入刑罚制裁体系之中并不天然性地获得理论层面的根基支撑,仍然需要对其加以多元层面的深刻内省与认真反思。终身监禁制度具有入刑的背景依据,受到了重刑治腐的社会形势与宽严相济刑事政策的促动。在刑罚教育改造功能与行刑实践的运行中,终身监禁刑均存在无法遮蔽的理论与实践困境,并在合逻辑的体系解释与罪刑均衡原则的遵守中具有难以排解的阻滞。合理消解终身监禁刑存在的多元弊端,可以通过创设多样化的方式予以应对,其中确认立法存在实然效力前提下的合理裁量与司法限缩是当下较为优化的选择,是认同终身监禁制度现实缺憾并多方权衡之后的理性回应。

Life imprisonment falls into the penal sanction system,which is not naturally supported by the theoretical level.It still needs to be deeply introspected and seriously rethought at multiple levels.Life imprisonment system has the background of imprisonment,and is promoted by the social situation of severe punishing corruption and the criminal policy of combining leniency with severity.In the operation of the reform function of penalty education and execution practice,life imprisonment has its own theoretical and practical dilemma that cannot be concealed,and it is difficult to overcome the obstacles in the logical interpretation and the observance of the principle of balance between crime and punishment.Reasonable elimination of the multiple drawbacks of life imprisonment can be dealt with through the creation of diversified ways.Among them,the reasonable discretion and judicial restriction under the premise of affirming the actual effectiveness of legislation are the optimum choices at present,which is the rational response under identifying with the real shortcomings of life imprisonment system and weighing them in many ways.