The Rational Choice And The System Construction Of The Alternative To The Death Penalty Of China

With the adoption of the 9th Amendment to Criminal Law of PRC(the 9th Amendment to Criminal Law)in August 29,2015,Life Imprisonment,a breakthrough in academia,was fixed in the Criminal Law.Not only does it strike corrupt criminals,but also contributes to the abolishment of the death penalty in our country,laying a strong foundation of the thoroughgoing abrogate in the future.With the proposal of this new concept,on the one hand,we are required to discuss its connection to the current criminal law and judicial application;on the other hand,we also need to re-examine and analyze the selection problem of the alternative to the death penalty.This paper,based on the Life Imprisonment in the 9th Amendment to Criminal Law,discusses the rational choice and system construction of the alternative to the death penalty,hoping to make a contribution to the thoroughgoing abrogate of the death penalty in China.Part one is a summary about the alternative to the death penalty.Firstly,it clarifies the significant meaning of the alternative to the death penalty to the development of the criminal law in China by a further analysis of the concept of the alternative to the death penalty.Secondly,through summarizing the origin,ablishment,foreign and domestic present situation of the death penalty,it is cleared that the proposal of the alternative to the death penalty would lay a strong foundation to the gradualy abolishment and domination to the death penalty in China,building a rational connect between the principle of suiting punishment to crime and penalty.Part two is the qualitative analysis of the current life imprisonment of our country.Firstly,it clarifies the concept and the classification of the life imprisonment in the world through analyzing its time condition and development period.Secondly,it concludes that the nature of our country ' s current life imprisonment is a life sentence with no case of commuting a sentence or conditional release by analyzing the articles of the 9th Amendment to Criminal Law and considering the global application status.Part three is the rational choice of an alternative to the death penalty in the new era.This part discusses the feasibility of the Life Imprisonment as an alternative to the death penalty and the concrete articles in the general provisions through analyzing the legislation and the theory of the relative foreign countries,considering the theoretical argument of the alternative to the death penalty in the academia of China.Part four is the system construction of the alternative to the death penalty of China in the new era.This part,through analyzing the particular crimes in the specific section,proposes that Life Imprisonment is just an alternative to some serious crimes.As to the other capital offences it is advised to raise the years of imprisonment of the ordinary life imprisonment to achieve the balance of the crime and penalty.Part five is the coordination between the alternative to the death penalty and the criminal law.This part proposes the alteration of the relative articles in the criminal law and the supplementary specification of the relevant vital problems after the construction of the system of the alternative to the death penalty.