Research On Life Imprisonment As Substitution Of Death Penalty

Life imprisonment is a kind of free-punishment system. It is a severe secondonly to the death penalty system. Because the characteristics and advantages of thefree sentence to life imprisonment, but also have sufficient punitive and harshmeasures alternative to the death penalty, thus becoming an important choice. Inrecent years, with the death penalty abolished the voice of increasingly high,gradually embarked on the road to gradually abolish the death penalty. However, fornow, the abolition of the death penalty, is not easy. Choose a reasonable substitutionof death penalty is the key. Among these, life imprisonment system is the bestchoice.In this paper, mining and exploration of the development of Chinese andforeign history, current situation, demonstration of substitution of death penalty, thepenalty value of the argument as well as our life imprisonment system perfect lifeimprisonment, substitution of death penalty system to do a comprehensive inspection and verification. The article is divided into four parts.Chapter1: Overview of life imprisonment system. The chapter is divided intofour sections. This chapter discusses the basic concepts and type of lifeimprisonment, the Chinese and foreign history and development, China’s lifeimprisonment system, four important issues of the debate on abolition of lifeimprisonment. In this process, a variety of different expressions of life imprisonment,life imprisonment the basic characteristics of the origin and development of ancientChinese freedom penalty and life imprisonment, life imprisonment in the history offoreign origin and development of China’s current life imprisonment sentenceintended, classification and characteristics of such statements and descriptions of thesystem. Comprehensive life imprisonment’s history and development, we can beseen, life imprisonment, alternative measures in the form of the death penalty systemis initially appear. Therefore, to life Imprisonment as substitution of death penalty isbased on the history. At the same time, after combing through the abolition of lifeimprisonment dispute system, you can conclude that: Life imprisonment has theexistence and development of space and necessary. At the same time, the Abolitionof life imprisonment to promote the improvement and development of the system.Chapter2: Life Imprisonment as Substitution of Death Penalty legislation. This chapter is divided into three sections. It argues that the penalty of life imprisonmentconfiguration, and its problems with the substitutions of death penalty and penaltiesarchitecture relations legislative level. In this process, the article based on theconfiguration of our life imprisonment, life imprisonment in China’s Criminal Lawconfiguration of the sort, and made a targeted analysis. Section II the substitutions ofdeath penalty described and analyzed in detail, including positioning, thesignificance of substitutions of death penalty, the extraterritorial substitutions ofdeath penalty, as well as the death penalty to life imprisonment alternative measuressignificance and purpose. The third quarter of life imprisonment as substitution ofdeath penalty system and the penal system structure relationship serious discussion,starting from the basic penalty structure, combined with the defects of the criminallaw the penalty structure, focusing on demonstration to life imprisonment assubstitution of death penalty system for improving and the significance of thedevelopment of China’s penalty structure.Chapter3: the value of life imprisonment as substitution of death penaltysystem. This chapter is divided into three sections. They argue that the essence of lifeimprisonment, purpose, function and value of the three levels. Section1: screeningand discussion of the penalty nature. We have come to sentence the essence of the conclusions punitive retribution. Implementation of life imprisonment as substitutionof death penalty system can fully meet the essential characteristics of retributionpunitive penalty. Section II: Combing the purpose of punishment. This paper arguesthat the purpose of punishment is retribution balance between prevention. The lifeimprisonment regime is in line with the purpose of this penalty. Section3:Discussion of the penalty function. The penalty have3functions, they are for thevictims of the crime, the community. The life imprisonment as substitution of deathpenalty system has three functions.Chapter4: China free sentence for life imprisonment as substitution of deathpenalty system. The chapter is divided into five sections. The first section discussesthe current situation of China’s life imprisonment system. Section2discusses thesystem of life imprisonment as substitution of death penalty public opinion. Section3demonstrates the criminal policies significance of life imprisonment as substitutionof death penalty system. Section4draws the legislation of the foreign. Section5demonstrates the legislative design of life imprisonment as substitution of deathpenalty system. This paper analyzes the possibility and feasibility of the currentincarnations of the death penalty to life imprisonment as substitution of deathpenalty system. This paper also analyzes the national feelings in our current national concept of the death penalty and life imprisonment as substitution of death penaltysystem. This article finally argues that the modified path of the system and improvethe way of life imprisonment. This paper presents the view that: follow thepolarization of penal policy under the principle of life imprisonment segments, basedon the severity of the price list of life imprisonment as substitution of death penaltysystem, aimed at improvement and perfection of life imprisonment, improve thecurrent penalty structure system, to achieve the ultimate goal of phasing out thedeath penalty.