死缓限制减刑及其适用标准

The Restricted Commutation of Death Penalty with Suspension and its Applicable Standard

死缓限制减刑是以死刑缓期执行作为依托,在限制死刑的基础上,适当地延长生刑,从而在削减死刑的条件下保障刑罚体系的均衡性,并达到严格控制死刑的目的。但司法实务界以及学界对死缓限制减刑的性质认定并不一致,并且,由于死刑与死缓的适用界限存在模糊性,导致死缓限制减刑适用上的混乱且有加剧的趋势。因此,对死缓限制减刑适用标准进行界定,需要结合其立法目的和法律性质,以及相关死刑政策和死缓制度进行具体研究。

The restriction of commutation of death penalty with reprieve of death penalty is based on reprieve of death penalty.On the basis of the restriction of death penalty,the life penalty is appropriately extended,so as to guarantee the balance of penalty system under the condition of reducing death penalty and to achieve the purpose of strict control of death penalty.However,the judicial practice and academic circles do not agree on the nature of the restriction of commutation of death penalty with reprieve,and the confusion in the application of the restriction of commutation of death penalty with reprieve tends to be intensified due to the ambiguity of the boundary between the application of death penalty and reprieve.Therefore,to define the applicable standards for the restriction of commutation of death penalty with reprieve,it is necessary to conduct specific research in combination with its legislative purpose and legal nature,as well as related death penalty policies and reprieve system.