Font Size: a A A

The Life Imprisonment Of Our Country

Posted on:2018-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhaoFull Text:PDF
GTID:2346330515960498Subject:Law
Abstract/Summary:PDF Full Text Request
Life imprisonment is widely used in foreign countries,and it has formed a very mature system.It is used to combat violent crime in many countries,which has no death penalty.But in our country,life imprisonment is added to the criminal law amendment(nine)and it is a new thing to the law of our country.As our country has the death penalty policy,and there exists criminal offenders who made the corruption and taking bribes crime escape punishment,the author clarifies the necessity and urgency of introducing life imprisonment in serious crime of corruption and taking bribes crime.How to properly use the life imprisonment is one of the most important problems in practice,the author also introduce the applicable conditions of life imprisonment in the article.The author divided the article into four parts.In the first part,the author summarized the origin of life imprisonment and introduced life imprisonment in the foreign legislation.The author got the conclusion that in most foreign countries life imprisonment is a very mature system of sentencing.And then I analyzed the different views of Chinese scholars for life imprisonment,the conclusion is that imprisonment is just a performance measure in our country,it is different from other countries and it can not form a system.The second part,the author based on China's first sentenced to life imprisonment for the case as the breakthrough point,then I analyzed the law of life imprisonment for corruption,which is that when bribery amount is particularly huge,and especially caused heavy losses and sentence to death suspended execution of criminals,the court can declare the discretionary increase in criminals sentenced to death with a two-year reprieve to expire life imprisonment may not be commuted parole to life imprisonment in sentencing.According to the specific applicable standards of the law a detailed interpretation of the life imprisonment in practice,including the objects indicated,retroactivity principle and life imprisonment.In addition,life imprisonment as real life imprisonment,the author also compared the similarities and differences between it and the life imprisonment in the current criminal law of our country,the precise positioning of the scope of life imprisonment.The third part the author expounded the purpose and significance of additional life imprisonment in the crime of bribery and corruption.It can not only fight against corruption,but also can help to improve the sentencing system,at last,it is good to respect human rights.The fourth part,when we apply the law into practice,the prison will get pressure in practice,and will also waste judicial resources.Due to life imprisonment without parole,exacerbating the already close to saturation in prison custody rate.Furthermore,when the people in prison get old,regardless of medical institutions or prison work the workload will cause great distress.Finally,according to the law,the author put forward some suggestions to get the life imprisonment better in the judicial practice and legislative operation.
Keywords/Search Tags:life imprisonment, corruption, alternative measure
PDF Full Text Request
Related items