终身监禁的刑法规制研究

Research on the Criminal Law System of Life Imprisonment

目前,我国终身监禁制度适用案件类型单一、法律规范性内涵和法律性质的研究未达成共识。但不可否认其有着死刑替代的正当性。对此,应当进一步明确终身监禁的法律性质及内涵,结合《刑法》及其司法解释来理解死刑适用和代替路径,再联系人权公约,审慎扩大终身监禁的适用范围,以收缩式路径确保终身监禁死刑替代功能的发挥。

At present,China’s life imprisonment system has a single type of applicable cases,and has not reached a consensus on the legal normative connotation and legal nature,but it is undeniable that it has the legitimacy of the death penalty substitution.In this regard,the legal nature and connotation of life imprisonment should be further clarified,and the application of the death penalty and alternative paths should be understood in conjunction with the Criminal Law and its judicial interpretations,so as to combine with the human rights conventions to prudently expand the scope of application of life imprisonment,and to ensure life imprisonment through a contracted path Exertion of the substitute function of death penalty.