被判死缓的犯罪人适用假释之制度检讨

我国刑法所规定的假释适用对象是被判处无期徒刑和有期徒刑的犯罪分子,但在司法实践中对被判处死缓的犯罪分子可以适用假释,这与刑法规定不一致。立足于假释制度的立法宗旨,从适用范围、适用条件、假释的排除性条款、考验期、立法学等角度对我国的假释制度进行审视,力求从立法和行刑实践中完善现行的假释制度。

A Review of Parole Applying on the Convict Sentenced to Death with a Reprieve

Parole under the Criminal Law is only available to the criminals who are sentenced to life imprisonment and the fixed-term imprisonment,but in the judicial practice criminals who are sentenced to death with a two-year reprieve are applied to parole,which is inconsistent with the provisions of the Criminal Code.Based on the legislative purpose,the author gives his examination on the parole system from the perspective of applicable scope and conditions,parole exclusion and the test period,so as to strive to improve the existing parole system in the legislative and executive practice.