Research On The Penalty Of Life Imprisonment And Its Execution

From the 21 st century,the abolition of the death penalty in the current international so ciety has become an irreversible trend,as of March 2012,the number of country that abolish ed the death penalty in fact or law has reached 141 on the world,which is more than two-thir ds of all countries,and countries retain the death penalty is only 58.Life imprisonment beco me term of imprisonment caused by commutation and parole,execution outside prison,red uced the severity of the punishment,in view of this,the life imprisonment in shall not be co mmuted or parole is put forward as a substitute for the death penalty measures to weaken th e public backlash against the abolition of the death penalty."Criminal law amendment(9)" in article three hundred and eighty-three of criminal law increased that,"the people who vi olate the first stipulation and conform to the third paragraph that is sentenced to death penal ty with suspension of execution,will be sentenced life imprisonment without commuted or parole after 2 years of death penalty with suspension of execution by the people's court acc ording to the circumstances of the crime",this is a clearly stipulation in our criminal law for the first time using words of life imprison without commuted or parole.Combined with the social background of current anti-corruption,intentions of increased the life imprisonment without commuted or parole by"criminal law amendment(9)is as follows: on the one hand is the judicial corruption effect is poor in the past,the penalty execution is too casual,need to deter the bribery crime;on the one hand it is a method that gradually replace until abolish the death penalty of corruption and bribery.Therefore,increasing the life imprisonment wit hout commuted or parole in the crime of corruption and bribery can not only respond the qu ery by people of poor effect in striking the corruption of bribery crime,but also to prepare f or the abolition of the death penalty in corruption and bribery crimes.According to the essence of punishment,the life imprisonment without commuted or p arole has the legitimacy of punishment,satisfies the principle of the balanced allocation of t he punishment,and conforms to the characteristics and laws of punishment.In terms of refo rmation in penalty system,life imprisonment without commuted or parolecan not only as a substitute for the death penalty system to promote the limitations and abolish the death pena lty,but also improve the harden state of sentence structure focuses on "the death penalty,pe nal lighter" in our country based on its severity between death penalty immediateexecution a nd death penalty with a reprieve.Under the background of reformation in penalty system,p enalty on life imprisonment into the punishment vision,specific state presented two kinds o f samples,one is to dissolvelife imprisonment without commuted or paroleinto life impriso nment system and another is increase life imprisonment without commuted or parole as the independent punishment,the former can be corrected within the framework of the existing l ife imprisonment,the latter needs to firstly discuss the feasibility that can make a choice of two route in completing system.The penalty on life imprisonment without commuted or par ole can lead to inconformity between stipulation and execution,and in the prison execution presents many problems and difficulties on the level of theory and practice,which need to c ombine the penalty route and freedom penalty enforcement mechanism to further improve t he system of life in prison execution.The author on the basis of predecessors' theory makes the further discussion: the first p art,the author discusses the establishment of life imprisonment without commuted or parol ethrough the interpretation of life in prison law,concepts,and the understanding of the term s,applicable situation and domestic and international significance to life in prison;The seco nd part discusses life imprisonment from the perspective of penalty,including three points: The first point is demonstrate punishment advantages of life imprisonment by discussing th e legitimacy of life imprisonment penalty and the principle of balanced and with our social demand corresponds,the second point is demonstrate punishment disadvantages of life imp risonment through the discussion of the uncertainty of life in nature,status,narrow scope an d humanitarian opposition,the third point is to put forwardthe core idea of the penalty on lif e imprisonment by independent mitigation status(including life imprisonment and life free dom penalty)based on using the strengths of life imprisonment and change the disadvantage,and take a further step to discuss the possibility of establish lifelong freedom penalty;The t hird part put forward the problem of two aspects of law and practice by presenting problem s and difficulties on the level of theory and practice in prison execution,which is combined with the difficulty of execution in life imprisonment after the penalty on that,among them l egal aspects including the cohesion of laws isn't smooth,ineffective supervision of executi on,the heavy financial burden;practice aspect including human rights protection doesn't rea ch the designated position and psychological needs are not being met.The fourth part put fo rward two paths of the penalty on life imprisonment on the basis of introduce of the life im prisonment punishment regulations and applications in Europe,America and Asia,one is to dissolve life imprisonment without commuted or parole into life imprisonment system and another is increase life imprisonment without commuted or parole as the independent punis hment,and putforward the resolve path aim at the third part of the execution of law and pra ctice,which can perfect the system of execution of life in prison.