Study On “No Commutation And Parole” For Life Imprisonment

Since the Amendment of Criminal Law of the People's Republic of China(nine)took place,the concept of life imprisonment that no commutation shall be decided and no parole shall be granted has been introduced in our county.Nevertheless,the following problems are whether it's applicable from the angle of judicatory theory and what the justification of punishment base on from the legislation point of view.Therefore,in the present thesis,the author conducts a research on life imprisonment from the theory of legislation and judicature.In the first place,a comparative study is conducted in regard to life imprisonment and then its nature and status in Criminal Law are analyzed,which is demonstrated in Chapter One.Regarding its historical evolution as the starting point,the author investigates its classification around the world and compares the difference and similarity between life imprisonment and life sentence in the newly amended Criminal Law in China,and eventually make a precise positioning of life imprisonment.Secondly,based on the texts of Criminal Law,the author carries out a judicial research on the specific articles of life imprisonment,which can be found in Chapter Two,in which the nature and retroactivity are mainly discussed.When investigating the quality,the primary method adopted is to place it into the current penalty system in China and implement a localized research.With regard to the problem of its retrospective effect,the thesis is thoroughly grounded in the principle of legality and the theory of sentencing standardization,and then examines whether presupposition sentencing has rationality before law is selected.At last,by combing with “the old and light” principle,the author explores the essential connotation of “lesser punishment” and proves that the article of life imprisonment is applicable to the original “the old and light” principle before the newly amended Criminal Law took effect.Thirdly,the author conducts a theoretical analysis of penology on life imprisonment,which can be seen in Chapter Three.The paper considers whether it possesses legitimate foundation from the point of view of absolutism,relativism and combination theory.In the corresponding penology research,the legitimate ground of punishment in both the stage of formulation and discretion is discussed,and then the specific contents with which penology is in accordance in different periods are summarized,which includes: as retributive punishment appeared,what the value carried by Kant's theory of nemesis with equal quantity is;whatHegel's theoretical consideration is when developing the theory of nemesis with equal quantity to equal punishment theory;why Hegel's theory is so similar to Jakob's Intersivierung der Strafverfolgung;whether retributive punishment which is based on non-determinism and prevention punishment which is on the basis of determinism can integrate with each other and etc.After that,life imprisonment is compared with the conclusion of the abovementioned questions,and finally comes to the conclusion that life imprisonment is inadvisable to be adopted by Criminal Law in our country.In the end,it's reiterated that with the current legal texts as the starting point,the thesis holds that view that the applicability of life imprisonment does not violate the “old and light”principle,but it does not mean that it,as a type of criminal penalty,is of legitimate ground.On the whole,the thesis considers that from the perspective of the theory of legislation,life imprisonment lacks legitimate ground of penology.