Study On The Value Of Life Imprisonment System And Its Legislative Perfection

Freedom punishment is the most widely used implementation measure in the category of penalty,and life imprisonment is the most severe and punitive punishment in the free punishment.In all punishments,the severity of life imprisonment is the second only to the death penalty,and at the same time,it is taken into account the advantages and features of the freedom punishment.It is have therefore been widely applied throughout the world and have become the first choice for alternative measures to the death penalty.While the entire world has gradually reduced the application of the death penalty and the abolition of the death penalty,our country's jurists are increasingly calling for the abolition of the death penalty.However,combined with the current national development situation and the people's wishes,it is not suitable to immediately abolish the death penalty.It should gradually reform the penal system so that it can comply with the development trend of the world's penal system on the basis of China's current national conditions.In the end,the death penalty should be successfully abolished and everyone's right to life was guaranteed.The paper first defines the concept of life imprisonment system and analyzes its position in China's criminal law.By analyzing the relationship between life imprisonment,death penalty and life imprisonment,life imprisonment is positioned as a measure of penalties enforcement,and finally it is proposed that life imprisonment has a broadening effect on the current penal structure in China.The second part of the paper focuses on the analysis of the value of the life imprisonment system in China from both theoretical and practical perspectives.The theoretical value includes fully embodying the legislative orientation of guilt,responsibility,and punishment,realizing the reasonable balance of penalty structure and effectively guaranteeing the purpose of penalty.The practical value is reflected in the provision of judicial space for “correction and error correction.” It has the value of deterring crimes and severely punishing crimes.It can effectively preserve evidence and strengthen the value of international judicial cooperation.The third part of the paper describes in detail the non-parole life imprisonment system represented by the United States and the life imprisonment system that can be released on parole represented by Europe.Among them,European countries use the United Kingdom and Germany as examples,and from the empirical analysis of the life imprisonment system outside the domain,obtaining enlightenment from both the legislative and judicial aspects of China.The last part of the paper,in order to better apply the system of life imprisonment and promote the reform of China's penalty system,The author put forward personal suggestions on the construction of life imprisonment system in the penalty system,such as establishing the life imprisonment system as an independent punishment,clarifying the applicable standards of the life imprisonment system,expanding the scope of application of the life imprisonment system,perfecting the prison supervision and management system and so on.