我国终身监禁制度的研究

发布时间：2018-07-10 14:55

本文选题：终身监禁 + 死刑　；参考：《河南财经政法大学》2017年硕士论文

【摘要】：终身监禁制度由来已久,欧洲大陆以及英美国家都将其视作死刑替代刑的重要途径。在西方许多废除死刑或者正在废除死刑的国家里,终身监禁已经成为一项特别重要的制度。该制度在中国的争论早已泛起涟漪,上世纪末就有学者对此做过论述。2015年,《刑法修正案九》出台,标志着我国的终身监禁制度正式登台。伴随着反腐惩贪力度的加大,终身监禁有望在今后的贪污贿赂案件中发挥更大的作用,在废除死刑的进程中,其角色与作用也不可低估。《刑法修正案九》生效一年多来,该制度正由法条转化为现实,由应然的理论转化为实然的判决。然而,中国的终身监禁制度仍处于“初级阶段”,其性质、地位、适用范围、实施效果等还有待于进一步研究,其所带来的逻辑悖论和实务风险还不停的发酵。综合国内外的理论研究和司法实践来看,我国的终身监禁究竟处于何种地位,应如何完善我国的终身监禁制度,成为了亟待解决的问题。本文试图从终身监禁的立法完善和司法适用两个角度探讨中国的终身监禁制度,通过从终身监禁的概念、刑罚属性以及立法背景等进行阐述。我国的终身监禁制度是在当下反腐工作大力开展的时代背景下登上历史的舞台,在我国的刑罚体系中,终身监禁制度并不是独立存在的刑种。通过对英国、美国、俄罗斯、德国与日本等国家与终身监禁制度的相关立法和司法现状的研究,更深层次的了解西方各个国家,以期给具有我国特色分析刑事立法带来重要的启示。通过对比中外各国的终身监禁制度,为中国死刑制度的改革和完善找到一条适合国情的本土化道路。中国这一时期的以修正刑法为重点的改革中,终身监禁制度与我国备受关注的“废除死刑”相吻合,更重要的是其使得在无期徒刑和死刑缓期执行制度之间有了更好的衔接。本文又通过对法律的定位、对象以及执行规定等等在我国终身监禁制度的具体情况进行了仔细阐述,结合在司法实践有可能遇到的状况以及立法背景及现行状况,大胆设想将我国的终身监禁制度设立为具有中国特色的独立刑种,以及将终身监禁提升至总则的地位等等。总之,将终身监禁制度加入到我国刑罚的体系,可以使我国的刑罚制度更加的完善,大大促进了具有特色的社会主义法制建设。
[Abstract]:Life imprisonment system has a long history and is regarded as an important alternative to death penalty in continental Europe as well as in Britain and America. Life imprisonment has become a particularly important system in many Western countries that abolish or are abolitionist. The controversy over this system in China has long been a ripple, which has been discussed by some scholars at the end of last century. In 2015, the Ninth Amendment of Criminal Law was introduced, which marked the formal appearance of life imprisonment system in China. With the intensification of anti-corruption and corruption punishment, life imprisonment is expected to play a greater role in future corruption and bribery cases, and its role and role should not be underestimated in the process of abolishing the death penalty. The Ninth Amendment to the Criminal Law has been in force for more than a year. The system is changing from law to reality and from theory to judgment. However, the system of life imprisonment in China is still in the "primary stage". Its nature, status, scope of application and effect of implementation need to be further studied, and the logical paradox and practical risks brought about by it are still fermenting. From the point of view of theoretical research and judicial practice at home and abroad, the status of life imprisonment in our country and how to perfect the system of life imprisonment have become an urgent problem to be solved. This paper attempts to explore the system of life imprisonment in China from the perspectives of legislative perfection and judicial application of life imprisonment, and expounds the concept of life imprisonment, the attribute of penalty and the legislative background. The system of life imprisonment in our country is stepping onto the stage of history under the background of the current anti-corruption work. In the penalty system of our country, the system of life imprisonment is not an independent type of punishment. Through the study of the legislative and judicial status of Britain, the United States, Russia, Germany and Japan and the system of life imprisonment, we can gain a deeper understanding of the various countries in the West. In order to bring important enlightenment to the analysis of criminal legislation with the characteristics of our country. By comparing the life imprisonment systems of China and foreign countries, we can find a local road suitable for the reform and perfection of China's death penalty system. In the reform of China's amended criminal law in this period, the system of life imprisonment coincides with the "abolition of the death penalty", which has attracted much attention in our country, and more importantly, it makes a better connection between the system of life imprisonment and the suspended execution of the death penalty. This article also through the legal orientation, the object as well as the execution stipulation and so on in our country life imprisonment system concrete situation has carried on the detailed elaboration, unifies in the judicial practice likely to encounter the situation as well as the legislative background and the present situation, It is a bold idea to set up the system of life imprisonment as the independent punishment with Chinese characteristics, and to elevate life imprisonment to the status of general principle and so on. In a word, adding the life imprisonment system to the penalty system of our country can make the penalty system of our country more perfect, and greatly promote the construction of socialist legal system with characteristics.
【学位授予单位】：河南财经政法大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.1

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