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Legal System Of Whole Life In Prison's Research

Posted on:2018-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:J P XuFull Text:PDF
GTID:2336330533456229Subject:legal
Abstract/Summary:PDF Full Text Request
Should have stability in the law,to ensure that the authority of law,not music.This stability is relative,not absolute.Because the society is developing,in order to meet the needs of constant change and development in the realistic society,even the relatively stable law also need to constantly revised and improved.Is the so-called,legal changes its essence is produced during the development process of social change,social reality demand reflected in legislation.The modification of criminal law that is not to violate the laws of the legislation.It is because of corruption crime is a national and people's common expectations,so the "criminal law amendment < nine >" in the embezzlement bribe crime this chapter to establish system of life in prison.In addition,affected by more than two thousand years of feudal thought in our country,the complete abolition of the death penalty is not possible,is bound to need a long process,in the judicial practice,the judicial personnel according to all the circumstances of the crime of sin and its severity,and the corresponding sentenced to punishment is between life imprisonment and death penalty execution immediately,or shall be sentenced to between suspended with immediate execution of criminal punishment,its been sentenced to life imprisonment or death is inevitable,the death penalty immediately executed and too serious,so the judiciary often face a dilemma.The new life in prison system is just took the form of judicial discretion to make up for life imprisonment or death,the death penalty punishment of the gap between the immediate execution.The setting of the system on the one hand,catered to gradually reduce death penalty suitable theory of criminal law educational world consensus,is also an important content of the third plenary session of 18,on the other hand also with the international gradually reduce and even eliminate the death penalty being geared to international consensus.Powerful anti-corruption work in the criminal legislation in our country;On the micro view,is directed against the corruption and bribery criminal judicial process illegal misuse of commutation and parole response.Although the system in Chinese current effective laws only exists in part ofembezzlement and taking bribes,but from the significance of its implementation and in line with international standards,the system on the applicable range are expected to continue to expand on.So according to the system needs to do more in the process of judicial and legislative provisions and explain in detail.
Keywords/Search Tags:system of life in prison, Corruption and bribery crime, commutation and parole, pardon
PDF Full Text Request
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