On The Alternative Effect Of Death Penalty On Life Imprisonment

As a penalty measure which is widely rooted in the penalty system all over the world,the life imprisonment system has accumulated a lot of theoretical and practical experience,and there are many variants and forms.They can be divided into absolute life imprisonment and relative life imprisonment according to the criteria of discretionary power.According to the criteria of changeable or not,they can also be divided into changeable life imprisonment and unchangeable life imprisonment.The life imprisomnent in China which is regulated by the thinking of limiting and applying the death penalty carefully is relatively and unchangeable,it has maintained a severe blow to the corruption crime and limited the using of death penalty.But for the legal position of the system there is a great controversy,and the "applicable situation of death sentence with a reprieve " theory is more reasonable——life imprisonment is essentially still belongs to the category of the death penalty,and is a special case of applying of death sentence with a reprieve in corruption crimeThe life imprisonment system in foreign countries and regions is mostly derived and developed with the process of restricting and abolishing death penalty.The United States is the most widely used country for the unchangeable life imprisonment.In Britain,Germany,Canada and other important countries,there is life imprisonment on the road to abolition of death penalty.The same is true in China.There is a coincidence between time and value in the development of life imprisonment and death penalty,but there are many opinions about whether the life imprisonment has proper function to instead the death penalty.Positive theory holds a positive attitude,they cite the views of legislators and the judiciary to prove their own theory.Negative theory denies the legitimacy of life imprisonment to criticize it.Compromise point of view said that the life imprisonment can only replace the function of death penalty under certain conditions.This article agrees with the positive theory,but insist on that this question should be investigated from many aspects such as the penalty attribute of life imprisonment,the criminal policy and the penalty structure.When formulating,applying and executing penalty,we should mainly pursue retribution purpose,at the same time,take account of general prevention and special prevention purpose,and we shouldn't take account of prevention purpose beyond the scope of retribution.Life imprisonment is a logical substitute for the death penalty in the purpose of penalty.It pursues the same goals of retribution and prevention as death penalty,and it is more humane and more effective in the pursuit of the method.The use of life imprisonment in place of the death penalty can achieve the latter's penalty purpose.In addition,life imprisonment can also achieve the functions of negation,deterrence,education,encouragement,and comfort that death penalty possesses.It also has the transformation function that cannot be achieved by the death penalty.Obviously,it is superior to the death penalty in exerting the penalty function.The criminal policies that are deeply influenced by the concept of human rights require restrictions and prudent use of the death penalty,and the replacement of the death penalty with life imprisonment is exactly the legislative response to this criminal policy.At the same time,the penalty structure of "too light imprisonment" has yet to be improved,penalty mitigation reform needs institutional support urgently,and the path for the death penalty abolition also lacks practical exploration.All of these puts forward requirements for life imprisonment to play its alternative role in the reform of death penalty.However,not all death penalty need to be replaced by life imprisonnment.The death penalty for extremely serious crimes should be replaced.For some crimes with minor crimes,the death penalty should be abolished directly.The death sentence with a reprieve and the life sentence system should be adjusted accordingly——the life imprisonment should be isolated from the existing death penalty system,and be properly embedded in the life sentence system in a reasonable manner,becoming life sentence without commutation or parole.