On Raising The Ceiling Of Limited Imprisonment From The Scope Of The Death Penalty Restriction

The death penalty around the world will eventually be repealed,but it is not easy.From the abuse of the death penalty to the abolition of the death penalty,limiting the death penalty gradually is a development stage can not exceeding.Whether the abolition of the death penalty,or the restriction of the death penalty,all the two means are used by reducing the application of the death penalty.The difference between the two is only the rate of decrease. The abolition of the death penalty is to reduce the use of the death penalty to zero,while the restriction of the death penalty is to limit the amount of death penalty.In the circumstance of reducing the application of the death penalty,and according to the principle of balanced crime, using which alternative penalty measures to punish those who committed the "very serious crime" the criminal law expressed has become a criminal law academic proposition.Death penalty alternative measures have inconsistent statements in the academic community,including multiple,pluralistic,which also include the binary and ternary.Among these,the author takes ternary,that is to say,using the death penalty in two-year reprieve,life imprisonment and long-term imprisonment to replace the death penalty.According to China's current Criminal Code,the death penalty with reprieve and life imprisonment reduces the effect of death penalty.The reason is the un- reasonable of upper limit.At the same time,in the scope of application of the death penalty,the upper limit of our current set fixed-term imprisonment of appears to be too low,so it can not serve as alternative measures of death penalty.Thus the ceiling of imprisonment must be increased.With China's reform and opening up during past three decades,the country has a stable political environment,and the legal awareness of the people has gradually increased.So now the country has the condition of increasing the maximum term of imprisonment.Though the academic community has discussed to raise the ceiling of imprisonment,it is not systematic.Besides the scholars have different opinions of whether raise the ceiling of imprisonment and how to increase. The author holds that the ceiling of fixed-term imprisonment should be raised to 20 years,while Combined Punishment should be raised to 30 years.