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《刑法修正案(九)》开创的终身监禁制度,不是新的刑种,而是死刑缓期执行的执行方式。通过对重、特大贪污贿赂犯罪分子适用终身监禁制度,在为我国限制死刑并逐步废除死刑、反腐败斗争等方面发挥积极作用。但不可否认,对从本质上属于经济性犯罪且社会危害性并不是最严重的贪污贿赂犯罪适用终身监禁有违反罪责刑相一致的刑法基本原则之嫌。
The “life imprisonment system” created by the “Criminal Law Amendment (IX)” is not a new criminal law but a mode of enforcement of the suspended execution of death penalty. Applying the system of life imprisonment to criminals of heavy and large bribery and bribery plays an active role in limiting the death penalty and gradually abolishing the death penalty and fighting corruption in our country. However, it is undeniable that the basic principle of criminal law that commits life imprisonment to crimes consistent with criminal responsibility and punishments is applicable to crimes of corruption and bribery that are not the most harmful to society and are essentially economic crimes.