论文部分内容阅读
《刑法修正案(九)》对于特别重大贪污贿赂罪增设了判处同时宣告终身监禁的制度。我国新增的终身监禁和国外绝对终身刑相似,但其不是一个独立的刑种而是一项量刑制度。终身监禁的适用目的在于减少死刑在贪污贿赂罪上的适用,并通过加重生刑的方式填补死刑和死缓之间的格差。对终身监禁的适用应进行严格解释,尽量减少其消极作用。从刑法完善的角度看,我国有必要设置最低期限的相对终身刑制度。
The Amendment to the Criminal Law (IX) adds a system of sentenced to life imprisonment in addition to the crime of embezzlement and bribery. The new life imprisonment in China is similar to the absolute life sentence abroad, but it is not an independent sentence but a sentencing system. The purpose of life imprisonment is to reduce the application of the death penalty for embezzlement and bribery and to fill the gap between death penalty and death penalty by increasing the death penalty. The application of life imprisonment should be strictly interpreted to minimize its negative effects. From the point of view of perfecting the criminal law, it is necessary for our country to set a relatively lifelong punishment system with the minimum term.