我国无期徒刑制度完善研究

发布时间：2018-06-07 01:47

本文选题：无期徒刑 + 终身监禁　；参考：《山东科技大学》2017年硕士论文

【摘要】：死刑的废除从长远的刑罚发展的方向来看是其必然的趋势,我国为了与世界接轨,制定了慎用死刑的刑事政策,在立法与司法实践中都贯彻其精神,近几年在刑法修正案中对死刑罪名一再的削减便说明了我国在这其中所做出的努力。在其之后的无期徒刑便纳入了学界研究之中,在死刑削减后如何填补之后的量刑空白便产生了争议,无期徒刑作为死刑之后的刑种,其严厉性仅次于死刑,在这之后便日益受到了关注,并且我国处于社会主义转型阶段,为了应对复杂而严重的犯罪,无期徒刑与死刑相比有着显著的优越性,并且外国保留无期徒刑的国家将无期徒刑作为死刑的替代刑,亦或者是作为法定的最高刑做法,也说明了无期徒刑的价值。我国对无期徒刑的规定过于简单僵化,在法条中简单的将无期徒刑作为死刑的替代刑或者是有期徒刑的替代刑,并且因减刑假释的广泛适用,无期徒刑与有期徒刑之间相差无几,这使得人们怀疑无期徒刑存在的必要性,再加上死缓与无期徒刑之间的模糊设定,在适用中大多判处死缓的罪犯都会变更为无期徒刑,死缓与无期徒刑之间的关系较之与死刑立即执行就显得更为亲近,从而体现出死刑与无期徒刑不协调。此外,无期徒刑处于有期徒刑与死刑之间,由于我国无期徒刑的缺陷所致,无期徒刑无法发挥其作为死刑与有期徒刑之间的桥梁功能。与此同时,这也变相的导致了,在我国对无期徒刑的数罪并罚制度中在适用吸收原则时,会有对其他罪不予评价或者明显评价过轻的质疑,违背了刑法的罪责刑相一致的原则。在限制死刑的前提下,对无期徒刑进行完善则显得更为必要,现今的无期徒刑应为结合减刑假释和死缓设置不同服刑期的不同层次的无期徒刑,以应对复杂的社会现状,这种设置明显的体现了无期徒刑的严厉性,因而不能大范围的适用,需要对无期徒刑适用对象以及适用罪名的范围加以限制,这在文中也进行了具体的阐述,无期徒刑的变动和完善必然会导致刑罚体系整体的变动,因而走好完善无期徒刑这一步就显得尤为重要,以期我国的刑罚体系更加科学。
[Abstract]:The abolition of the death penalty is an inevitable trend from the direction of long-term penalty development. In order to meet the needs of the world, China has formulated a criminal policy of careful use of the death penalty, which has been carried out in both legislative and judicial practice. In recent years, the repeated reduction of death penalty charges in the amendment of Criminal Law shows the efforts of our country. Life imprisonment after the death penalty will be included in the academic research, how to fill the penalty gap after the death penalty reduction, life imprisonment as a kind of punishment after the death penalty, its severity is second only to the death penalty. Since then, more and more attention has been paid to it, and our country is in the stage of socialist transformation. In order to deal with complex and serious crimes, life imprisonment has significant advantages over the death penalty. Moreover, the value of life imprisonment is illustrated by the fact that foreign countries retain life imprisonment as an alternative to the death penalty, or as a statutory maximum penalty. The provisions of life imprisonment in our country are too simple and rigid. In the articles of law, life imprisonment is simply used as an alternative to the death penalty or as a substitute for fixed-term imprisonment, and because of the widespread application of commutation and parole, The difference between life imprisonment and fixed-term imprisonment makes people doubt the necessity of life imprisonment, coupled with the vague setting between death sentence and life imprisonment, and most criminals who are sentenced to death sentence will be changed to life imprisonment in the application. The relationship between death penalty and life imprisonment is more close than the execution of death penalty, which reflects the disharmony between death penalty and life imprisonment. In addition, life imprisonment is between fixed-term imprisonment and death penalty, because of the defects of life imprisonment in China, life imprisonment can not play its role as a bridge between death penalty and fixed-term imprisonment. At the same time, this also resulted in a disguised, in our country to life imprisonment in the application of the principle of absorption, there will be no evaluation of other crimes or obvious evaluation of the light doubt, contrary to the principle of consistent criminal law. Under the premise of restricting death penalty, it is more necessary to perfect life imprisonment. Nowadays, life imprisonment should combine commutation and parole with death reprieve to set up different levels of life imprisonment to cope with the complicated social situation. This setting obviously reflects the severity of life imprisonment, so it can not be applied in a wide range. It is necessary to restrict the object of application of life imprisonment and the scope of applicable charges, which is also elaborated in this paper. The change and perfection of life imprisonment will inevitably lead to the change of the penalty system as a whole, so it is very important to perfect the life imprisonment in order to make the penalty system more scientific in our country.
【学位授予单位】：山东科技大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.1

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