Font Size: a A A

Research On The Expansion Application Of Life Imprisonment

Posted on:2017-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:W Z SunFull Text:PDF
GTID:2336330488953947Subject:Law
Abstract/Summary:PDF Full Text Request
Life imprisonment was first introduced into our nation's penalty system in the Amendment IX to the Criminal Law which was enforced on November 1, 2015. Although the introduction of life imprisonment only apply to serious corruption, bribery crime, and just as a special implementation measures of the death penalty, but it has some enlightening significance to perfect the penalty system of our country.From the view of the world, life imprisonment is the most severe punishment in many countries. In the modern society which advocating freedom, many people think that the severity of this punishment is equal to the death penalty. So this severe punishment in many countries and regions is also an alternative to the death penalty or the else choice for the death penalty application. For a country's penal system, life imprisonment is also an important mission to link up the death penalty and the common life penalty. The settings of reasonable life imprisonment can make penalty suitable, then improve the whole system of punishment. In my opinion, if life imprisonment can be extension of application reasonable witch introduced by Amendment IX to the Criminal Law in our country, It will make the connection between the death penalty and freedom penalty more reasonable, and it would be good for our penalty system.This article consists of three parts: the introduction, the main body and the conclusion. The main body was divided into four parts.Part?: The summary of life imprisonment. This section first introduces the basic concepts of Life imprisonment. Next this part introduces the development history of the life imprisonment; Then this part analyzes the basic classification of the life imprisonment, and points out that the introduction of life imprisonment in China should be a sentence of life imprisonment without commuted or paroled. At last,this part introduce the present situation of legislation of Life imprisonment which introduce by the Amendment IX to the Criminal Law in ChinaPart?: The discussion on the rationality of the expansion application of life imprisonment. This part first introduces some criminal scholars' vigilance and question about the life imprisonment, especially when they discuss the problem of the death penalty abolishes or the perfection of China punishment system, such as not conducive to the transformation of criminals, have considerable severity with the death penalty and with high cost of Justice. Next, according to these vigilance, this part points out that the expansion of life imprisonment has a lot of rationality, such as suitable to China Criminal Policy, be good for assurance of human rights and so on.Part ?: The improvement of our penal system based on introduce life imprisonment. First, this part introduces the shortage of the existing penalty system in our country. It is primarily that there is too much death penalty, the system of reprieve has great defects, and freedom punishment is not severe enough. On the basis of summing up the experience of foreign countries, this part points that the significance of life imprisonment to perfect the penalty system. To be specific, it can be used as a reasonable alternative to the death penalty is conducive to further reduce the death penalty, covers the shortage of death reprieve and life imprisonment execution in China.Part ?: The design of life imprisonment system. In the first place, this paper introduces the legal position of life imprisonment in China, and points out that our country's life imprisonment should not be reduced or parole. and parole, and it is different from the China's current lifelong imprisonment; beyond that, this part introduces the specific application of life imprisonment in violent crime and non violent crime: First,the life imprisonment can be a special penalty execution measures for serious violent crimes with deadly plot which sentenced to death immediately executed too heavy but sentenced reprieve too light; Secondly,the life imprisonment can even application as alternative to death penalty for non violent crimes., and it it can also make our country to maintain the seriousness punishment for serious non-violent-crime when abolish the death penalty of it.; Finally, this paper expounds the application of life imprisonment for special subject, the application of life imprisonment to juvenile criminals was introduced in detail..
Keywords/Search Tags:Life imprisonment, Punishment measures, Penalty system, Death penalty alternative
PDF Full Text Request
Related items