终身监禁制度在我国的适用问题及完善

The Application and Improvement of Lifelong Imprisonment System in China

《刑法修正案(九)》中首次引入的终身监禁制度,由于对其概念、分类和性质并没有进行明确的划分,因此在刑法理论学界讨论热度一直居高不下。同时根据域外经验以及我国基本国情,终身监禁在适用中还面临着量刑适用标准不明确、不利于罪犯改造、执行经济成本过重等问题。现阶段从立法和司法的角度进行探索和分析,能对完善终身监禁制度有所助益,同时也能推动我国刑罚体系朝着轻缓化的方向进一步改革。

The system of life imprisonment introduced for the first time in the Amendment to the Criminal Law(IX) has not been clearly divided into its concept,classification and nature,so the discussion in the theoretical circle of criminal law has been very hot. At the same time, according to extraterritorial experience and the basic national conditions of our country, life imprisonment in the application of sentencing is also facing problems such as unclear applicable standards,unfavorable to the reform of criminals,excessive implementation of economic costs and so on. At present,exploring and analyzing from the angle of legislation and judicature can help to improve the system of life imprisonment. Meanwhile,it can promote the further reform of China’s penalty system towards the direction of mitigation.