Font Size: a A A

Research On The Criminal Attribution Of Internet Service Providers

Posted on:2019-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q ShiFull Text:PDF
GTID:2381330596961371Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The "Criminal Law Amendment(9)" is another major almendment to the Criminal Law since the enactment of.the "Amendment to the Criminal Law(VⅢ)" in 2011.Each revision of the law is a feedback to real life and reflects the adjustment of the value orientation of lawmakers to specific issues.The first chapter of this article introduces the legislative background of life imprisonment in China.After expounding the academic discussion of the nature of life imprisonment,it repositions the nature of life imprisonment and believes that China’s life imprisonment is only a penalty content for corruption and bribery crimes.Its application needs to be decided on the basis of the suspended execution of death penalty for corruption and bribery crimes."Not commuted or parole" is an appositive to life imprisonment.Secondly,life imprisonment as a new penalty content,its specific application needs to clarify the application of charges,sentencing decisions and whether there are retrospective problems,the second chapter of this article that life imprisonment is only applicable to our narrow sense of corruption bribery Criminal charges,and because the foundation of the sentence of life imprisonment is decided at the same time when the verdict is suspended,and the death penalty is an execution method of the death penalty,so it specifically expounds the criteria for the death penalty of corruption accepting bribery and the issue of the death penalty.In the third chapter of this article,in the implementation of life imprisonment,the provisions of life imprisonment are put into the entire criminal code for consideration.The sentence of life imprisonment has been decided when it is sentenced to execution of suspended execution,but it is still necessary Whether there is a "significant meritorious" judgment in the execution of a suspended sentence.If there is significant meritorious service,the death penalty shall be reduced to fixed-term imprisonment,and life imprisonment imposed shall no longer be imposed.In addition,after China’ s life imprisonment begins to execute,the prisoners who have been sentenced to life imprisonment will not be released after China’ s amnesty system is hardly used,may.In the fourth chapter,under the different modes of the two life imprisonment systems in the United States and Europe outside the reference domain,we reviewed the life imprisonment without commutation and parole in our country.We believe that it is necessary to find a way to replace life imprisonment under the existing penalty structure.In view of the fact that life imprisonment and life imprisonment are inherently logically identical,the current life imprisonment "cannot be commuted and parole”should be abolished to adjust life imprisonment for the purpose of reform.The rational connotation of life imprisonment should be internalized as a penalty setting for life imprisonment.
Keywords/Search Tags:Corruption and bribery, life imprisonment, application, commutation and parole
PDF Full Text Request
Related items