暂予监外执行法定条件的理解与适用——以权利保障为视角

摘要

以保障权利为视角展开对暂予监外执行法定条件的理解，可以得出以下结论：被判处死缓和无期徒刑的罪犯可以作为暂予监外执行的适用对象；怀孕或者正在哺乳白已婴儿的妇女适用暂予监外执行不需要符合禁止条件；凡不具有侵犯生命健康等重大人身权利可能性的罪犯，都可认为“不致再危害社会”。%We think about the lawful conditions of temporary execution outside prison on the view of right protection and we can draw the following three conclusions：fLrstly, the offender that has been sentenced to death sentence with a two-year reprieve or life imprisonment can be the object audience of temporary execution outside prison;secondiy, the women that is pregnant or is nursing her baby apply to temporary execution outside prison and it is not necessary for her to conform to the prohibiting conditions;thirdiy, all the offenders impossible to invade vital jura persona-rum,such as persons＇ life and health,can be considered as ＂not as bad as jeopardizing the society＂ .