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On The Nature,Value And Application Of Life Imprisonment

Posted on:2019-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:T HouFull Text:PDF
GTID:2416330548966231Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Nowadays,every law man is not familiar with the term of life imprisonment,but the criminal law circles at home and abroad do not have a clear and definite definition of life imprisonment.As for life imprisonment,there is a view accepted by scholars both at home and abroad.We all believe that life imprisonment is a penalty measure to detain a criminal in a specific place for life and deprive him of his personal freedom.With the development of society,people pay more and more attention to human rights.In order to protect the life rights of criminals,life imprisonment as a substitute for death penalty has been introduced and studied in detail by Chinese scholars.In November 1,2015,the criminal law amendment(nine),which was implemented,creatively increased the stipulation of life imprisonment,and formally identified the status of life imprisonment in China's legal system.For Chinese life imprisonment judicial system,although not strange but it is also a new concept to other countries,life imprisonment is a very mature and perfect penalty,many countries have carried out a detailed research on the establishment of a very perfect execution system.The introduction of life imprisonment has led to the debate of many Chinese experts and scholars.They have their own understanding and views on life imprisonment.We will discuss the value,nature and application of life imprisonment in four parts.The first part of life imprisonment in the origin and development of Chinese and other countries to explore and research,detailed introduces the different expressions in different countries in the part of the life imprisonment system,and they apply different crimes in different countries,finally the classification situation life sentence in different countries without a detailed description.The introduction of life imprisonment has also led to the debate of many experts and scholars.They have their own understanding and views on life imprisonment.There are different theories and theories in our country.This paper explains the nature of life imprisonment and the status of life imprisonment system in Chinese judicial system through the discussion and analysis of different theories and theories.Life imprisonment is a new and unexpected concept for China's judicial system.It plays a positive role in promoting our judicial practice.It is not only the implementation of our criminal policy of combining punishment with leniency,make up for China's law on the crime of corruption and bribery in the "death penalty,punishment on lighter penalty structure defects,serious Wu's corruption,regulate China's power and avoid more wrong kill,manslaughter the phenomenon has played a positive role,it can effectively reduce and limit the application of death penalty in the judicial practice,but also the pursuit of corrupt officials for foreign judicial assistance in our country,especially the abolition of the death penalty have provided a new impetus,played a positive role.Life imprisonment as a penalty enforcement measure,so far,the law has not made a clear provision for its application.We will carry on the detailed elaboration from life imprisonment and sentenced to life imprisonment the retroactivity of the time node,the applicable conditions of life imprisonment and applicable object,defining and regulation in detail from the aspects of the application of life imprisonment system,the life sentence from the article to the application to practice to play its due role.
Keywords/Search Tags:life imprisonment, ?The amendment of the criminal law (nine)?, application of life imprisonment
PDF Full Text Request
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