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The Research On Life Imprisonment In Anglo-american Law System

Posted on:2019-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:M WeiFull Text:PDF
GTID:2346330548952813Subject:Law
Abstract/Summary:PDF Full Text Request
Life imprisonment has developed from the modern liberty punishment.Since Beccaria's proposal in 1764 to "abolish the death penalty and replace it with a lifetime of hard labor",life imprisonment has drawn the attention of the public.In countries that have abolished the death penalty,life imprisonment has become a substitute for the death penalty,while life imprisonment has become an important imprisonment for the application of the death penalty in countries where the death penalty has not yet been abolished.The object of life imprisonment in Anglo-American countries and territories is usually crimes of serious detriment,such as crimes against treason,terrorism,crimes against public safety,crimes against violence,drug crimes,etc.,as well as personal danger Extreme criminals such as recidivists.In fact,being sentenced to life imprisonment does not necessarily mean imprisonment for life because most of life imprisonment can be subject to commutation and parole,so the perpetrator is likely to be released in advance.However,with the imposition of life imprisonment,the problems that exist in prison administration and in the process of early release are also gradually exposed.How to prevent and overcome these problems has become a new topic.As a whole,replacing death penalty with life imprisonment is undoubtedly a great progress in society.In particular,life imprisonment can be paroled will gradually become the mainstream of life imprisonment,because of its humanization concept and the good effect of rehabilitation.In 2015,China's Criminal Law Amendment(IX)introduced life imprisonment into China's criminal law for the first time.However,by comparison,life imprisonment in our country and life imprisonment in Anglo-American law system countries and regions have more differences in terms of applicable objects and remedial measures.This article uses the method of comparative analysis to inquire into the related documents and materials to probe the specific problems such as the origin,value orientation,classification and various kinds of advantages and disadvantages of the life imprisonment system in Anglo-American law system as well as legislation,application and enforcement,we try to come up with some references for our country's penal reform.This article is divided into three chapters.The first chapter begins with the evolution of life imprisonment,elaborates the concepts,attributes,value orientation of life imprisonment,and it makes the corresponding pavements for chapter two and chapter three.The second chapter analyzes the life imprisonment in Anglo-American law system.The third chapter explores the enlightenment of life imprisonment system in our country and the development trend of life imprisonment system in the future.
Keywords/Search Tags:Life imprisonment, Alternative measures to death penalty, Penal reform
PDF Full Text Request
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