论死刑缓期两年执行制度的异化

原本用以限制、减少死刑立即执行数量的死刑缓期两年执行制度,在其实际运用过程中,由于标准的混乱、其内在包含的死刑性和无期徒刑性的冲突,反而使其在实践中走向异化,并且由于司法人员对其的误用,更加加深了这一趋势。对这一悖论进行探讨。

On the Dissimilation of the Death Sentence with Two-year Suspension of Execution

In the practice, the system of the death sentence with two-year suspension of execution, which aims limiting and diminishing the real execution number of the death penalty, goes the opposite side because of the ambiguity of the applying standard and the conflict between the death characteristic and life-imprisonment characteristic which are inbuilt of this system. Furthermore, this dissimilation trend becomes much more serious by the misuse of some juridical organs.