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A Study On Life Imprisonment

Posted on:2011-09-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:X L ZhangFull Text:PDF
GTID:1116360305953669Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Life imprisonment has long been neglected by scholars of China's criminal law that the penalty system in insignificant. In recent years, with the restrictions, the Chinese way to abolish the death penalty discussion, there has been the ills of urgent comprehensive reform of China's penal system more urgent demand for them, in this case, the former Beishoulengluo sentence of life imprisonment has been a sudden people's welcome, its function and value of beginning to receive attention and favor. Some scholars proposed to replace the death penalty to life imprisonment as a punishment point of view, there are scholars believe that life will bring slight changes in a body moving the entire penal system reform and improvement. So, to life imprisonment as an alternative to punishment whether the death penalty in theory and practical application of theory on rationality? Whether changes in life will lead to changes in China's penal system as a whole? To do this life what they need to make a corresponding change in it?In this pape, the characteristics of life, function, history, current situation investigation, basic issues such as the theoretical basis and explore the excavation to try to be able to open and dynamic, pluralistic perspective on life to make a comprehensive and objective display and evaluation. Here, there are historical inquiry, examination of international and comparative perspective, but also the latest theory of dynamic reflection and learning. On this basis, this article summarizes the life imprisonment for finishing the general situation, and thus explored the application of two important aspects of life: life in prison with the abolition of capital punishment, life imprisonment, and punishment system for change. At this point, the face of China's diverse academic repeatedly in debates, combined with judicial practice and international experience to be clarified, analysis, demonstration, in order to look forward to life in prison for the most important issue in the study useful results obtained, which is the original intention of this study lies, and also the ultimate intention of this paper. Paper is divided into Part and the next, a total of six chapters. Part-based articles, including three chapters, the main research is life imprisonment, some of the fundamental issues, in order to lay the foundation for later in; next chapter for the application, including three chapters, the main application is the study of life problems, solutions applied in practice without a view imprisonment itself and a number of important issues related to life in prison. Here's the contents of the full text of six chapters as a brief description of each:The first chapter is an overview of life in prison, that chapter is divided into four sections, on the concept of life, characteristics, classification, feature presentations and demonstration, during which, for the relevant concepts on the controversial life Analysis and clarification of terminology, combined with life imprisonment, and related theories of development, pointing out that life in prison with a legal character, is associated with the death penalty, the classification of content, as well as life in prison with the general function of the active prevention.Chapter II is a life the history and current status of the chapter is divided into three sections on the origins of life to produce and develop, present three aspects discussed in an attempt to track the history of the international community perspective, outlining the historical changes to life in prison the whole picture. In the meantime, drawn on the origin of life from the life in ancient times served as a special case of the individual to use an alternative conclusion of the death penalty; for the emergence and development of life imprisonment, she uncovers the reasons behind, and sum up their laws sexual characteristics; for the status of life to make conclusive comments.Chapter Three is on the theoretical basis for life in prison. This chapter is divided into four sections, on the life of the retribution theory, utilitarianism, as well as life imprisonment on the theoretical basis for the development and controversy discussed the situation. In the meantime, for the retribution theory, utilitarianism theory in life were reflected on the analysis and justification; for an integrated criminal theory, the new theory of social defense, security concept of these three new criminal penalties for the concept of the theoretical basis for the development of life are described and demonstration; for the controversial theory of life in a way shows the summary of the life of the fundamental understanding of the theoretical basis.The fourth chapter be applied to life in prison, said. This chapter is divided into three sections, on the life in the application of the relevant criminal policy, basic principles, the legislative setting, judicial discretion, and the prison execution a series of basic issues such as clarification and discussion. During this period, pointed out to life imprisonment for a close relationship with the criminal policy, and to life imprisonment in the "lightly heavy" and "less favorable relative to economic" criminal policy, a description of the embodiment; pointed out and demonstrated to life imprisonment for the three that should be adhered to principles: the principle of balance of crime, the penalty Modesty principle, the penalty the principle of humanity; pointed out and demonstrated to life in prison for setting for the legislative, judicial discretion, the prison execution requirements.Chapter V applies to life in prison with the death penalty abolished. This chapter into four sections, on the world against the background of abolishing the death penalty to life imprisonment is applicable, the international community in the background to life in prison, under the applicable practice and controversy, China's death penalty to life imprisonment as an alternative to punishment and path Controversy discussed etc. . During this period, pointed out the death penalty to life imprisonment generally restricted or abolished as an alternative punishment realities; right to life imprisonment for the international community in view of the controversy was summarized and be reviewed; on China's death penalty to life imprisonment as an alternative to corporal punishment in controversy viewpoints summed up and be rational and analysis; on my life as an alternative sentence to death the path of the specific proposed four measures: life's own reform, straighten out the relationship between the commutation to life imprisonment with parole, adjust the relationship between life and death with reprieve in order to China's restrictions on the design steps to abolish the death penalty to life imprisonment.Chapter VI The penalty of life imprisonment for system reform. The chapter is divided into three sections, it applies to life in prison involved in the reform of the penal system a description and discussion. In the meantime, from a life perspective on the reform of penal systems of Western countries, the Western countries, "lightly heavy" model penal system reforms and changes in life connected up; proposed to life changes to advance and improve the reform of China's penal system point of view and to propose to solve the existing problems of China's penal system ideas and concrete measures.
Keywords/Search Tags:life imprisonment, the death penalty, alternative punishment of the death penalty, penalty system
PDF Full Text Request
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