| Life imprisonment without commutation and parole is under the background on the trend of the death penalty abolition,and it severs criminal policy against corruption as the research of alternative measures to death penalty.Its' content is short,and it appears unsuitable for the criminal law after the legal transplant.Through analysis interpretation of law,I found that it is neither independent mitigation,nor the execution methods,not even the legal consequences of death sentence with reprieve or life in prison's execution mode.It can only be defined as a new kind of consequence of death sentence with a two-year reprieve which is quite different from the general one.This kind of change leads the punishment to heavier,at the same time gives a strike on the syeystematism and generalization of the penalty system.Life imprisonment focuses on threats to achieve the target of general prevention.Judicial interpretation and judicial trial are not strictly abide by the principle of rule of law.On the localization development of life imprisonment,is not only failed to overcome its inherent defects,but also brings many new defects,for example we can't form a strict theory on it and it can't be institutionalized,so whether it can be called a successful legal transplant still needs further research in the future.In the future,The application scope of life imprisonment of corruption and bribery is within a certain range.If we can alert illegal extension of criminal law and comparison of punishment,follow the principle of modesty of criminal law,there will be no possibility for expanding the improper application of life imprisonment.At the stage of carrying out this system,the target is to make the inherit system perfect,in order to protect the visitation rights of criminal's relatives and promote the system of medical parole,sue and amnesty,which aims to overcoming cruel features of punishment that causes the result that protects the criminals' basic rights and provides them hope to back to life. |
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