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Try To Talk About The Problems And Improvement Of Life Imprisonment System In China

Posted on:2018-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:X B WuFull Text:PDF
GTID:2346330515990264Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Life imprisonment is a kind of punishment measure after the death penalty, the penalty is sufficient and punitive, therefore, as an alternative to the death penalty, life imprisonment is used widely in the common law countries and even the world wide application. Before "the amendment of criminal law (nine)", the criminal law circles of our country have a discussion on the alternative measures to death penalty and the introduction of life imprisonment. After the introduction of the criminal law amendment (nine), the discussion on the life imprisonment system has reached a climax: Is it necessary for us to introduce life imprisonment? What is the legal position of life imprisonment in the criminal law system of our country? How to accurately apply life imprisonment? How should we improve the life imprisonment system in the next penalty reform? We should to answer this series of questions.On the basis of summarizing the origin and development of the system of extraterritorial life imprisonment, this paper makes an in-depth analysis the existing regulations,the legislative provisions and judicial application of the system of life imprisonment. And analyzes the problems existing in the system of life imprisonment in our country. And put forward specific suggestions to improve life imprisonment system on the basis of analysis of problems. The article is divided into four parts to demonstrate:The first chapter is the review of the extraterritorial life imprisonment system. This chapter is divided into three parts: The concept, types, historical evolution and evaluation of extra territorial life imprisonment. Among them, there is no uniform expression of the concept of life imprisonment, and the development of its type can be adapted to the needs of different cases; the historical evolution mainly introduces the historical origin of the life imprisonment system and the existing legal provisions; as for the evaluation of the extraterritorial life imprisonment system, any system can not be perfect, and we should learn to use dichotomy to see the problem.The second chapter is the status quo of life imprisonment system in China. This chapter is divided into three parts: the legislative provisions and background of life imprisonment, the legal position and judicial application, as well as the significance of the law. The legislative provisions mainly introduce the legal provisions of life imprisonment and the comparison with life imprisonment; legislative background is mainly reflected in the abolition of the trend of death penalty, the impact of the anti-corruption storm and the practice of abuse of commutation, parole three aspects of the situation; the legal orientation of life imprisonment is discussed from two aspects: the relationship between the system and the penalty system of our country and the relationship between the system and the alternative measures of the death penalty; application of the judicial application mainly relates to life imprisonment and major meritorious service and punishment of life imprisonment; the method has far-reaching influence, its significance is not enough.The third chapter is about the problems existing in the system of life imprisonment. This part focuses on the main content, including life imprisonment system retribution flavor, in violation of the principle of culpability and special prevention ineffective etc.The fourth chapter is the perfect path of life imprisonment system. Life imprisonment has appeared in the penalty system of our country, the next most important task is to improve it, so as to better play its penalty function. This is a part of the writing of the priority among priorities, while also not mature opinions and suggestions, but also expect to have a little effect on improve the life imprisonment system and the reform of China's criminal law system.
Keywords/Search Tags:Life imprisonment, Penalty system, Legal orientation, System improvement
PDF Full Text Request
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