论文部分内容阅读
在对未成年犯罪者处罚方面,我国刑法除了确认不适用死刑原则外,对于应否禁止适用无期徒刑没有作出明确规定。对此,有的同志认为不应禁止适用,理由是:(1)有些未成年人犯罪性质和危害极其严重,仅允许对其最高适用有期徒刑,不足以有效地保卫国家和人民的利益,达到刑罚的目的;(2)我国刑法上还有刑罚执行中的假释和减刑制度。笔者认为,基于未成年人生理、心理及责任能力等方面的特殊性,在我国,禁止对未成年人犯罪者适用无期徒刑还是必要的。(一)从未成年人犯罪的特殊性来看未成年人在犯罪上,具有不同于成年人的特殊性,主要表现在:(1)未成年人犯罪者具有受害者和害人者的二重性。(2)未成年人犯罪起因奇特、
In regard to the punishment of juvenile offenders, in addition to the criminal law of our country, the Criminal Code does not apply the principle of death penalty, and there is no definite regulation on whether to apply the term imprisonment. Some comrades did not think that this should be banned for the following reasons: (1) Some of the juvenile delinquency crimes are extremely serious and in their nature and are only allowed to be sentenced to fixed-term imprisonment of up to the maximum amount, not enough to effectively safeguard the interests of the country and the people, The purpose of punishment; (2) There are also the parole and commutation system in the implementation of the penalty in our criminal law. In my opinion, in our country, it is still necessary to prohibit the application of life imprisonment to juvenile offenders based on the particularity of the minor’s physical, psychological and responsibility capabilities. (1) From the peculiarities of juvenile delinquency, juveniles have different particularities from adults in their crimes, mainly as follows: (1) The juvenile offenders have the dual nature of victims and victims . (2) The crime of minors is unique,