A Study On Life Imprisonment’s Problems And The Perfection Of Legislation

The death penalty in the world has been gradually dying out, and life imprisonment has long been used as the severity of the punishment after death, but because humane penal enforcement measures commutation, parole, probation and other abuse in illegal operations, leading to there period of life imprisonment. Under the Criminal Law Amendment continue to abolish the death penalty on charges of background, academic students made worse punishment, drawing on the experience of the United States set up unalterable death sentence to life imprisonment as an alternative measure to achieve progressively restrict the death penalty and the ultimate goal of abolishing the death penalty. Although well-intentioned this view, but it is debatable. China’s current Criminal Code penalty structure belonging tion structure is an indisputable fact that, while thinking tion feudal society still left a profound impact on the legislative, judicial practice, at the moment if the general aggravation of raw punishment, and abolishing the death penalty, but goals failed to achieve, we will make our country worse tion structure. Even if the death penalty was finally abolished, too raw punishment will become Penalty Reprieve obstacles. By analyzing "Criminal Law Amendment(ix)" Article 44 of the problems of life imprisonment prescribed in paragraph 4, in conjunction with the inherent drawbacks of life imprisonment can not be changed, discusses the impact of such measures on execution of punishment of penalty structure. Through systematic analysis of the role can not be changed to life imprisonment in the United States to abolish the death penalty in the process, come to the United States is not strictly limited, and the main reason for the gradual abolition of the death penalty to life imprisonment system can not be changed. We should be comprehensive and systematic study of the US criminal justice system, rather than simply a copy of a specific system, because the system is able to produce the desired effect depends on a series of related supporting systems.This article will not be changed in favor of life imprisonment as an alternative measure of the death penalty, while the use of logical analysis reveals the execution of punishment as a measure of the problems of life imprisonment. Finally, the author put forward three proposals to improve the system of life imprisonment China: First, restrictions apply to life imprisonment on charges of crime and subject; Second, to life imprisonment for parole set different levels of standards; Third, the implementation issues should be through the implementation of the program itself perfect to be addressed to improve life imprisonment by the harshness of the abolition of the commutation system.