Legal Research On The Life Imprisonment

Life imprisonment as a kind of free punishment,is more severe after death.It not only has the characteristics and advantages of free punishment,but also has the adequate punitiveness and severity,so it has became an important alternative means for the death penalty,and favored by the world wide.With the trend of abrogating the death penalty in the countries all over the world,the reserving or abolishing of death peanalty has been the focus of the heated debate in China.However,Rome was not built in a day,so do abolishing death penalty.Under the current social background of China,it is not realistic to achieve the goal of abolishing death penalty in a short time.But it is high time for China to reform the country's penalty system,which will lay the foundation for abolishing the death penalty.Fortunately,the "criminal law amendment(9)" has put forward "life in prison",and it is a great chance to further reform penalty system.As is known to all,there are also many scholars used to analyze life imprisonment before the "criminal law amendment(9)"introduced.Though it is different from the policy of the "criminal law amendment(9)"introduced in property and application,it is a good enlightenment for our country to further reform penalty system.And the author is also based on this to conceive introducing life imprisonment,and introduce different types of life imprisonment according to distinct stages.Firstly,the author introduces the relevent overview and problems about the life imprisonment.Such as the history of the life imprisonment;the classification of the life imprisonment;and the legislative cases analysis.The concept of life imprisonment is relatively unfamiliar for our country,but it has a long history in the world.Life imprisonment as a way of punishment is evolved from the free punishment with the economic development,the continuous progress of the times and the continuous improvement of the penalty system.At present,there are nearly 60 countries in the world which have life imprisonment.However,they are different from the economic,political and cultural backgrounds.The system of life imprisonment varies from country to country in practice.The legislation of each country also shows different mode and status.Among the legislative cases analysis part,it will not only detail the legislative stipulation of continental law system and Anglo-American law system countries,but also detail our country's life in prison,which introduced by criminal law amendment(9)in order to aggravate the punishment of corruption.And describe the difference between them.Secondly,the author contrast and analyze the current kinds of penalty in our country,including Chinese life imprisonment and fixed-term imprisonment.The differences between Chinese life imprisonment and life imprisonment are analyzed from the aspects of applicability,the term of imprisonment,the need for labor reform and the possibility of commutation and parole.The similarities of the two are analyzed from the nature and function.But also analyzes the difference between life imprisonment and fixed-term imprisonment from the scope and object of application,the time limit of deprivation of liberty,whether labor reform and the calculation of sentence.Then the necessity of the application of life imprisonment as a kind of torture in our country is discussed.The first part discusses in detail the theoretical circles of our country for the death penalty retention attitude,and some scholars based on the death penalty deterrence and punishment and-advocate the retention of the death penalty;some scholars against the retention of the death penalty for the human rights perspective.I believe that the death penalty should be abolished,but in the context of China's current time is not ripe,should first strictly control the application of the death penalty,and gradually narrow the scope of death penalty,progressive abolition of the death penalty.The second part systematically analyzes the necessity of the life imprisonment punishment from the advantages of life imprisonment and the need of our country's criminal policy.Last but not the least,the author puts forward personal thoughts and views on the construction of life imprisonment in our country's penalty system.For the construction of life imprisonment in the penalty system,the author mainly regards the abolition of the death penalty as ultimate goal,and combined with China's actual situation,then design two steps.The first step is the introduction of life imprisonment in the context of the retention of the death penalty.The second step is to abolish the death penalty,with life imprisonment as an alternative to the existence of death penalty,the gradual transition to comply with the abolition of the death penalty in the world,respect for human rights trends.