Life Imprisonment For Commutation Problem Research

Life imprisonment is one of the most important parts of China’s penalty system. Under the background of restricting death penalty and temper justice with mercy system, many lawsuits are probably sentenced to death penalty with a suspension of execution or life imprisonment, then, if the prisoner who had been sentenced to death penalty with a suspension of execution hasn’t offended a calculated crime, the offense would be reduced to the life imprisonment by two years. It means that the number of lifers is bigger. According to the78th of the China.Criminal Law, the system of reducing a penalty means the punishment system that to reduce the person who has been sentenced to the punishment of control or the fixed-term imprisonment or the life imprisonment in the execution of punishment in accordance with the law during. The legitimate basis of reducing a penalty is that reduce the original penalty according to the direct principle of penalty necessarily to the purpose of general prevention or special prevention that the executed punishment has realized. Because the system that reducing a penalty is applied to the life imprisonment is defined clearly in the laws, there is no difference merely between the real term of life imprisonment reduced and set term of imprisonment. Under the normal situation, the real term of life imprisonment is about15years, that the life criminal only under the name of life termer but the fact of no-life termer. Therefore, it can’t take the place of death penalty, which make the structural defect of that the life penalty is too light while the death penalty is too serious. In order to realize reasonable arrangement of penalty system, it is necessary to define the life penalty structure and the ways to change. With the analyzing of advantages and disadvantages of the reducing penalty and parole, the author has realized the disadvantages of the parole applying to the life imprisonment. In this thesis, he wants to explore the rationality of the parole applying to the life imprisonment, in order to cancel this system gradually and to develop the advantages of the parole applying to the life imprisonment effectively with the least execution cost. The author wants to realize the purposes of correcting the life termer, that can prevent or reduce the crime to change the negative factors to the active factors effectively, to promote social stability and harmony finally.