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死刑废除问题一直是学界讨论的热点,也是学界之外的人所关注的重点。目前学者们均认同死刑废除的正当性,并认为废除死刑应当根据国情循序渐进的进行。同时,死刑的替代措施就成为了学者们重点探究的对象,在死刑替代措施中呼声最高的当属终身监禁。不负众望,《刑法修正案(九)》中对贪污、受贿罪处罚作了终身监禁的规定。目前终身监禁尚未被适用于案件当中,为此本文就其终身监禁的适用问题进行探讨,以期使得终身监禁得以真正适用。
The abolition of the death penalty has always been a hot topic in academic discussion and a focus of attention outside the academic community. At present, scholars all agree on the justification of abolishing the death penalty and believe that the abolition of the death penalty should be carried out step by step according to national conditions. At the same time, alternative measures of the death penalty have become the focus of scholars to explore the object, the replacement of death penalty in the highest voices are to be sentenced to life imprisonment. Live up to expectations, “Criminal Law Amendment (9)” in the crime of corruption, accepting bribes punishable by life imprisonment. The current life imprisonment has not yet been applied to the case, for which reason this article discusses the application of life imprisonment in order to make lifelong imprisonment to be truly applicable.