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Life In Prison System Research

Posted on:2018-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:X L YangFull Text:PDF
GTID:2336330518452394Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the global abolition of the death penalty,actively explore the death penalty alternative measures become criminal law scholars face the arduous task.China in the "Criminal Law Amendment(9)" put forward the death of life imprisonment measures,is both "criminal law amendments(eight)" death suppression after the commutation of death and an important alternative to death penalty.With the establishment of the death of life imprisonment measures,the death of life imprisonment measures themselves have become the focus of discussion.Such as whether the death penalty life imprisonment can replace the death penalty,the death penalty life imprisonment measures their own value orientation and value orientation is what the death of life imprisonment system in the judicial practice how to apply,there may be problems,and how to solve and other issues.Again,the author through the five chapters of more than five thousand words on the above issues were discussed in part.The author in this article standing on the stand of life imprisonment has been set up to complete this article,look forward to the above problems can be resolved.The author in this article to do the following arrangements,the first part of the article for the death of life imprisonment system overview.Mainly through the background of the legislative background of the death of life imprisonment,to explore the concept of death and life imprisonment system and the nature of the death penalty system of life imprisonment and death penalty commutation sentence and life imprisonment comparison,theoretically first of the death of life imprisonment system outlined outline TheThe second part of the article is the value of the death penalty for life imprisonment measures.The nature of the death penalty is still the enforcement measure of the penalty.The penalty as an organic part of the criminal law should conform to the basic value orientation of the criminal law: justice.The author will be from the death of life imprisonment measures can meet the requirements of retribution,and whether the death of life imprisonment system can achieve general prevention and individual prevention function to explore the study of the death of life imprisonment system of justice.The third part of the article is the normative interpretation of the system of the death of life imprisonment,the death of life imprisonment measures as an immediate implementation of the death penalty alternative measures,the author mainly from the death of life imprisonment measures applicable to the object,the use of conditions and time of action and other issues starting to study death Legal Orientation and Judicial Application of Life-time Detention.The fourth part of the article is the execution of the system of life imprisonment,the prison as the main execution place of the prison sentence,should be properly dealt with the life imprisonment system to bring new challenges to the execution of the prison;for the death of life imprisonment correction should make appropriate adjustments,The death of life imprisonment may meet the statutory conditions.The fifth part of the article mainly discusses the possible existence of some defects in the system of life imprisonment,with questions to seek through the judicial channels or legislative channels to improve.
Keywords/Search Tags:Lifelong life imprisonment, Alternative measures, Value review, Measures to improve
PDF Full Text Request
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