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死缓是指对于应当判处死刑的犯罪分子,如果不是必须立即执行的,可以在判处死刑的同时宣告缓期二年执行的一种死刑的特殊执行制度。死缓制度是中国的独创,中国缓刑制度从性质上讲是缓刑的一种。根据刑法的规定,适用死缓的实质条件是,应当判处死刑的犯罪分子,不是必须立即执行。被适用死缓的犯罪分子因其在缓期二年执行期间的表现不同而有不同的结果,或者立即执行死刑,或者减为无期徒刑或有期徒刑。《刑法修正案》(九)进一步提高了适用死刑立即执行的条件。虽然《刑法修正案》(九)对死缓制度作了修改,但我国的死缓制度仍然存在一些问题。比如,死缓适用的实质条件模糊;死缓变更为死刑立即执行的条件太宽泛;死缓考验期不合理;对无故意犯罪但有一般立功表现的处理不合理。因此,对于死缓制度的上述缺陷,我国刑法应当进一步明确死缓的适用条件,对于死缓变更为死刑立即执行的条件改为死缓期间故意犯罪被判处五年以上有期徒刑的;延长死缓考验期等。
Death is defined as the death penalty should be imposed on criminals, if not immediately implemented, you can sentence the death penalty at the same time announced a two-year suspended implementation of a special execution of the death penalty system. The death penalty system is China’s original creation, and the probation system in China is a kind of probationary nature by its nature. According to the provisions of the Criminal Law, the essential condition for the application of death penalty is that the criminals who should be sentenced to death must not be immediately executed. The criminals to whom death penalty is applied have different results depending on their performance during the two-year suspension of their execution, or they can be executed immediately or be commuted to life imprisonment or fixed-term imprisonment. The Amendment to the Criminal Law (9) further improves the conditions for the immediate implementation of the death penalty. Although the “Criminal Law Amendment” (9) made a revision to the system of death sentences, there are still some problems in the system of death sentences in our country. For example, the substantive conditions for the application of restraint are vague; the conditions for the immediate detention of death to be more lenient; the delay for the trial of imprisonment are unreasonable; and the handling of unwarranted crimes which have a general meritorious performance is unreasonable. Therefore, for the above-mentioned shortcomings of the death penalty system, the criminal law of our country should further clarify the applicable conditions of the death penalty, and change the conditions for the immediate implementation of the death penalty to death penalty instead of the intentional crime during the death penalty period, and sentenced to not less than five years of imprisonment;