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我国《刑法修正案(九)》中首次出现了终身监禁制度。在贪污罪与受贿罪中设置终身监禁,体现了国家积极面对顽疾、严厉惩治腐败的决心。一旦决定适用终身监禁,无论罪犯在服刑期间有无重大立功表现,都不应再减为有期徒刑,也不能通过假释将罪犯提前释放,否则违反罪刑法定原则,也会使终身监禁的立法成为一纸空文。
China’s “Criminal Law Amendment (IX)” appeared for the first time in life imprisonment system. The establishment of life imprisonment in the crime of embezzlement and the crime of accepting bribes embodies the determination of the state to actively deal with chronic illnesses and severely punish corruption. Once the decision to apply life imprisonment, regardless of whether the criminals have any significant meritorious service during their serving time, should not be reduced to fixed-term imprisonment, criminals can not be released by parole in advance, otherwise violating the statutory principle of crime and punishment will also make life-long imprisonment legislation a dead letter .