“终身监禁”刑事立法的刑罚精准性研究

对本可以判处死刑立即执行的贪污受贿犯罪分子实际判处死刑缓期两年执行的,同时决定死缓期满减为无期徒刑后的终身监禁,既不是执行"死刑"之"重",又不是减为可进一步通过减刑、假释使实际服刑期变得相对比较短的一般"无期徒刑"之"轻",既实现了罪责刑均衡,又实现了震慑其他潜在的贪污受贿犯罪分子的一般预防目的,还能够遏制司法腐败实现司法公正,对贪污受贿犯罪行为进行精准的打击。终身监禁单独设在贪污受贿罪里,正是考虑到贪污受贿罪的特点和国家的刑事政策而作出的,不仅具有很强的针对性,而且在刑罚轻重的"度"上把握到位,体现出刑罚制定和适用的精准性。从刑罚精准性的视角分析,终身监禁不违背罪刑法定原则、罪责刑相适应原则和刑罚效益原则,具备刑罚正当化根据。

Research on Penalty Accuracy of Criminal Legislation of Life Imprisonment

Criminals guilty of embezzlement and bribery who were sentenced to life in prison instead of death executed immediately. This juridical practice is neither as severe as the death penalty,nor as mild as a term of imprisonment that could be commuted to a shorter imprisonment by commutation or parole. It can not only achieve the equivalence of guilt and penalty alongside the goal of shocking other potential graft and bribery criminals to prevent their latent crimes preliminarily,but also curb judicial corruption to achieve judicial justice,and crack down on the crimes of corruption and bribery accurately. The specific arrangement of the life sentence for graft and bribery criminals is literally formulated on account of the features of this kind of crime and in accordance with China’s criminal policy. It presents not only a well-targeted,appropriate capture of the severeness of criminal penalty,but also a reflection of accurate formulation and application of the criminal penalty policy. When it comes to the precision of the criminal penalty,based on the justification of penalty,the life imprisonment is proved to be compliant with the principle of legality of crime and punishment,the principle of suiting penalty to crime and criminal responsibility and the principle of the utility of punishment.