The Nature And Application Of Lifelong Imprisonment

In the current international criminal law theory research and judicial practice.there are more and more supporters who adopt strict restrictions on the application or even abolition of the death penalty.At present,because our country is still in a specific historical,cultural,economic and social development level and other special factors,the death penalty can not be abolished immediately,the abolition of the death penalty is bound to be a long process.We need a new kind of penalty to replace the death penalty.We need a new kind of penalty to compress the application space of the death penalty,whether in legislation or in practice,to reduce the application frequency of the death penalty.The ideal penalty is life imprisonment,to achieve the elimination of the death penalty in our country.In the penal system,there needs to be an important"link" between fixed-term imprisonment and death penalty,that is.life imprisonment,which is precisely missing in the construction of China's penal system.This paper compares and analyses the situation of life imprisonment in various countries,and holds that the introduction of life imprisonment in China at the present stage can achieve a balanced penalty and improve the penalty system of our country;actively adapt to the trend of abolishing the death penalty in the international community,which is conducive to international judicial cooperation;promote the development of the rule of law,which conforms to the criminal policy of reducing and controlling the death penalty;make full use of human resources,create social wealth,and avoid injustice and miscarriage of The advantages and disadvantages oft avoiding violations of law and discipline in the process of execution of penalty are the lack of flexibility in execution of-penalty,the limited relief measures for criminals,and the high requirement for execution of penalty in prison.Of course,there are also some difficulties and challenges,mainly the long feudal historical and cultural traditions,which make the concept of heavy punislunent still have a strong mass basis;the current prison supervision system based on the purpose of commutation and release from prison will be seriously impacted;the economic and social level is relatively low,the people's recognition of freedom has not reached the level of recognition of life,and death penalty still exists in China.Certain deterrent.In view of the above problems and challenges in life imprisonment,this paper holds that corresponding countermeasures should be taken,such as changing the concept of sentencing,"light and heavy",reducing the number of detainees with light and heavy sentences,and imprisoning criminals with heavy sentences;abolishing the death suspension and life imprisonment of "fixed-term imprisonment";defining the applicable objects of life imprisonment,and gradually expanding the applicable categories for different crimes;Criminal facts set up different types of life imprisonment;improve the amnesty system as a way of life imprisonment relief;prison system for life imprisonment characteristics to explore new ways of penalty enforcement supervision.