Research On The Mechanism Of Life Imprisonment

The logical starting point of theoretical research about the mechanism of Life imprisonment is the foreign life imprisonment,namely expound the general principles of the original concept,nature,type,character and value of life imprisonment,then turning the research perspective into Chinese mechanism of Life imprisonment,and made a comprehensive analysis of the life imprisonment system in China,analyzed the defects of newly established life imprisonment in our country at the same time,Finally,the author try to re-construct Chinese mechanism of Life imprisonment from the aspects of criminal legislation,justice and law enforcement.This paper is divided into five chapters.The first chapter is about the source of life imprisonment and the concept discrimination.This chapter was divided into three sections,and to discuss the rheology and development of life imprisonment and the concept of life imprisonment,the relationship between life imprisonment and the relevant penalties.First of all,introduce the origin of life imprisonment,the regime evolution form prison to the life imprisonment,from the budding concept to the material foundation of the regime,and to the mature theoretical basis,life imprisonment regime framework to be formed.With the rise of the death penalty and the development of the penalty modernization,the development of life imprisonment began to show the polarization trend in the macro level.On the one hand,in the country that abolished the death penalty,life imprisonment showed a tendency of heavy punishment.On the other hand,for countries that still retain the death penalty,life imprisonment manifests presents itself as a cautious and lightening trend,while tihey show a static self-change and adjustment in the micro level;Secondly,the basic concepts of life imprisonment were clarified,the connotation,type and characteristics of life imprisonment were discussed separately.It was pointed out that life imprisonment should be a penalty for lifelong deprivation of the personal freedom of criminals who committed a serious criminal act,That is,to deprive lifelong freedom of punishment for the offender department,at the same time,classify the life imprisonment according to that weather the life imprisonment should be discretionary discretion,changeable or not,and different content of the life imprisonment,and in terms of the characteristics,the life Imprisonment has the following feature,a reflection of penalty attribute,the permanent deprivation of freedom,the severity of the incident,the place of imprisonment was the specific;Finally,analyze the life imprisonment,from the relevance and variability of three types of sanctions that the death penalty alternative measures,life imprisonment and qualification punishment respectively.The second chapter is the theoretical basis and value of life imprisonment.The chapter discusses the theoretical basis and value dimension of life imprisonment respectively in two sections.First of all,analyzes the original theoretical basis of life imprisonment,including retribution theory,utilitarian punishment theory and comprehensive "retribution-utilitarian" criminal theory,and illustrate how life imprisonment embodies the retribution theory,utilitarian law and comprehensive criminal theory;Then analyzed the value of life imprisonment and pointed out that the positive value of life imprisonment was manifested in the concept of life imprisonment,it shows the rights and interests of the offender and the expectation of the transsexuality of the offender,effectively buffer Penalty instability which caused by the large differences in the pattern of punishment after the absence of the penalty on the supplement of the penalty position.It also points out that the negative value of life imprisonment manifests that the choice of life imprisonment highlights the excessive reliance on penalties in human society,and the criminal justice shows its helpless in this regard,Life imprisonment does not substantially change the penalty against the state of oppression,It is only replace the previous naked punishment of the flesh through the regulation of freedom and soul,as a new penalty measure,lifelong imprisonment is the compromise in the front of the limited penalties in the application of the penalty and the implementation.The third chapter is an overview of the regime of life imprisonment in China.This chapter gives a comprehensive review of the regime of life imprisonment in China from three aspects:legislative analysis,legislative purpose and judicial application and institutional effect.First of all,in the aspect of legislative analysis,this paper introduces the modern development and present situation of life imprisonment in our country,and also makes a comprehensive study on the legislative provisions of life imprisonment from the provisions of the Criminal Code and the normative documents of judicial interpretation.China's life imprisonment is not an independent criminal,it is only a penalty execution regime;Secondly,with regard to the legislative purpose of life imprisonment,our country's life imprisonment regime implements the criminal policy of temper justice with mercy,strengthens the general prevention concept of utilitarian torture,takes into account and responds to the sentiment in public opinion,While the applicable charges and the retrospective of the retribution of life imprisonment was examined,and this paper analyzes the applicable conditions of life imprisonment from three aspects:basic elements,intermediate elements and core elements.It is believed that the basic conditions for the application of life imprisonment justice for corruption and bribery should be sentenced to death,the intermediate elements of the application of life imprisonment are also required to be sentenced to death for corruption and bribery,the core elements of the application of life imprisonment for the corruption of bribery also need to be sentenced to death after the death penalty was reduced to life imprisonment.Finally,analyzes the institutional effect of life imprisonment in our country,that is,the influence of the establishment of the life imprisonment regime on the penalty,which is discussed from the impact of our penalty regime and the impact on the reform of our death penalty regime.The fourth chapter is about the regime defects of life imprisonment in our country.The chapter discusses the problems of life imprisonment regime in our country from three aspects:the regime concept of life imprisonment,the institutional regime and the regime practice.First of all,on the issue of institutional concept,the author has questioned the purpose of the sentence of life imprisonment in our country and thinks that life imprisonment had a certain impact on the purpose of traditional penalty in China,In the aspect of the general prevention,the judgment of the general prevention effect of life imprisonment in our country is lack of foundation.In the aspects of crime prevention,it is contrary to the theory of education and special prevention.Chinese life imprisonment is not commuted,parole of life imprisonment,the kind of regime has been completely blocked the possibility of reintegration of criminals when it first been draw up,and thus its purpose in the prevention of special penalties is relatively missing,life imprisonment that can not commutation and parole dose not deal with the relationship between the reform of the death penalty regime and the protection of human rights,so as to deviate from the legitimacy of the penalty and its purpose.At the same time in the legislative orientation,Chinese life imprisonment is not a specific punishment,but a penalty execution regime,the introduction and transformation of life imprisonment which the legislators try to do deviated from the original nature of life imprisonment in essence,the utilitarian psychology based on punishing corruption and bribery crime,the legislators had changed the nature of life imprisonment,such a legislative arrangement is not conducive to play the role of the regime,even as a penalty execution regime of legislation,Chinese nature of life imprisonment regime is also uncertain between the death sentence and life imprisonment,and increased the theoretical controversy and judicial application of the chaotic situation;Secondly,on the issue of institutional regime,there is a contradiction between the life imprisonment and our country's penalty regime.According to the content stipulated in the regime of life imprisonment,it plays a function of free punishment,so life imprisonment without Commutation and parole and life imprisonment have a certain overlap in terms of the function of free punishment in China 's penalty system.The concept of life imprisonment in China and the legislative orientation has a large gap with the its source regime and original meaning,so it can not be used together with the qualification and other criminal sanctions,and can not make different criminal sanctions,especially the qualification penalty play the function and utility more effectively.In addition,the life imprisonment regime attached to the death penalty does not have an independent nature of punishment,it is not as a specific penalty or penalties directly play its role in the replacement of the death penalty,the logical arrangement of life imprisonment in the institutional positioning is not conducive to Chinese death penalty regime reform;finally,on the issue of institutional practice,in the legislative process of Chinese life imprisonment regime,it exists the issue of trans-boundary in Criminal Legislation,and makes the legitimacy of life imprisonment legislation has been questioned.The application of life imprisonment for the corruption and bribery Crime exist irrational in some degree,and contrary to the basic criminal law principles that charges should be appropriate with the penalties.In the specific practice of judicial application,there is a regimeatic risk of abuse for life imprisonment.Judicial discretion and subjective judgment based on specific purpose will make life imprisonment which as a penalty regime in the specific judicial application contrary to the basic principles of the crime of punishment,There are a certain degree of standard fuzzy and less operational problems in the judicial application of life imprisonment,which makes the discretion of the judicial application of the larger discretion,and there is a risk of abuse of justice,the arrangement of the life imprisonment which prohibit commutation and parole will further increase the management of our prison institutions and cost-effective issues.The fifth chapter is the reconstruction of the regime of life imprisonment in China.This chapter tries to reconstruct the regime of life imprisonment from three aspects:criminal legislation,criminal justice and criminal law enforcement.First of all,in the criminal legislation,illustrate the legislative orientation,mode selection and legislative regime respectively.And it is believed that the penalty regime and independent type in the the punishment ladder should be foundation for the institutional reconstruction of life imprisonment in China,and this way is also its reasonable legislative positioning,combined with the fact that the tradition of factionalism in China still has the impact of reality,and the overall punishment of our country has the characteristics of severe punishment.As a whole,From the development trend of criminal law to adapt to the world,it is necessary to adjust the Legislative setting mode in our country for life imprisonment,and adopt the mode of lightly utilitarianism as the legislative setting mode of life imprisonment.The arrangement of the legislative regime should be based on the legislative remodeling of the penalty regime.To this end,after the establishment of the life imprisonment regime,this article has carried on the rationalization and integration to our country's penalty regime,add the penalty type and adjust the penalty,so as to form a penalty system that has a center core and variety of penalties,combined with the world's Legislative system of life imprisonment,it is believed that our country's life imprisonment legislation mode should choose the form of General and sub-combination,namely regard the imprisonment as the basic punishment just like the death penalty,life imprisonment or imprisonment,which may be prescribed in the general rule or in a sub-rule in the penal code;In terms of applicable conditions,analysis should be made from the applicable premises,applicable objects and scope of application.The prerequisite for the application of the conditions of judicial application of life imprisonment should be that reaching or approaching the application of the death penalty.The judicial application of life imprisonment requires the establishment of its own personalized application based on the criteria applicable to the death penalty,the prerequisite for life imprisonment should refer to two normative criteria,namely,objective hazard attributes and subjective vicious attributes.The object application of life imprisonment should be grasped from the aspects of legal attributes,subjective psychology and accountability,and pointed out that in the case of legal attributes,the concrete expression should be that the victim's life has been deprived or suffered severe cruel treatment or abuse In the national security,it should be expressed as the national security has been the effected by criminal offenses directly,the application of the subject in the psychological level of the crime must be expressed as a direct intention,whether it is a violation of life or the threat to national security,The direct intention demonstrate the perpetrators'indifference and violation of the attitude for the Citizen life and national security which the penal law should protect,in the aspects of the form of a crime,Applicable objects must have a considerable degree of cruelty and cruelty.In the scope of judicial application,as a penalty category,the scope application of lifelong imprisonment should be able to expand to the criminal law sub-rules,and has a general guiding significance for the criminal law on the Sentence Arrangement of the Crime in the Criminal Law.Secondly,in the field of criminal justice,the principle of the administration of justice,the procedural aspects of life imprisonment were discussed.The principle application of life imprisonment should adhere to the principle of humanization and standardization,that is,the judiciary of the responsibility of the criminals to assume a tolerant attitude,and the degree of harm to the evil control in the the scope of humanitarian and rational which people can tolerate,thus effectively safeguard the dignity of criminals as a mankind,the judiciary should be legally applicable when applying the sentence,and the sentencing requirement is reasonable and accurate.While on the basis of the procedural application procedure,this article discusses the legitimacy of the application of life imprisonment and sentencing,and points out that the legitimacy basis of the application of life imprisonment and sentencing should also be explored from two aspects,namely the objective facts and subjective norms,The rationality of the crime to be evaluated,and help the judge to make a reasonable sentencing ruling.Based on the dilemma of imbalance of sentencing basis applicable to Life Sentencing in our country for life imprisonment and sentencing,this paper reconstructs the benchmarks for the application of sentencing in life imprisonment in our country and establishes the rationalization path of life imprisonment and sentencing.Finally,in the criminal law enforcement,illustrate the the place of execution of life imprisonment and the implementation of the changes respectively.This paper analyzes the functional orientation and execution of prison in the place of execution,and the function of the jail for life imprisonment should be manifested as the direct function of the specific offender and the indirect function of the person other than the offender,and includes restrictions on and deprivation of the perpetrators of life,a certain degree of punishment and discipline,as well as a kind of appease and alert for other people.On the one hand,imprisonment is the main form of life imprisonment execution mode,on the other hand,education and psychological comfort is a form of life imprisonment execution form.In the case of the change of life imprisonment,the relationship between parole and amnesty regime was analyzed,analyze the the establishment of the standard of Lifetime Imprisonment and the choice of the subject of the parole decision,it is believed that Chinese life imprisonment parole standards should establish a combination of quantitative and qualitative risk assessment system,the main body of parole decision should be dominated by the judiciary,and the Multi-stakeholder participation.In terms of the relationship between life imprisonment and amnesty,this paper focus on the illustration of the prerequisites and applicable procedures for amnesty for life imprisonment.