《刑法修正案(八)》在第五十条增加了规定了第二款内容,即增加了“对被判处死刑缓期执行的累犯以及因故意杀人、强奸、抢劫、绑架、放火、爆炸、投放危险物质或者有组织的暴力性犯罪被判处死刑缓期执行的犯罪分子,人民法院根据犯罪情节等情况可以同时决定对其限制减刑”的规定,至此,在我国刑法中出现了限制减刑的规定。但是,由于被判处死缓被告人的情况千差万别,立法和司法解释文本也未能列举出详细的情节,在理解和适用限制减刑时上存 “The Criminal Law Amendment (8)” added the second paragraph in Article 50 with the addition of “to those who have been sentenced to suspended executions of recidivism and those who have been convicted of murder, rape, robbery, kidnapping, arson, explosions, Put on the dangerous material or organized violent crime was sentenced to death penalty execution of the criminal elements, the people’s court according to the circumstances of the crime can also be decided on the reduction of commutation ”, so far, in our criminal law appeared restrictive commutation provisions . However, given the vastly different circumstances in which sentences are imposed on death row defendants, the legislative and judicial interpretations also fail to cite detailed plots in the context of the understanding and application of restrictions on commutation of sentences