| Life imprisonment has legislative and judicial precedents in extraterritorial countries.Its universal value is to use the death penalty as an alternative measure to achieve the mitigation of punishment and to fill the purpose of punishment retribution and prevention.Corresponded to China's actual national conditions,it has a forward-looking policy to promote the death penalty,adjust and improve the structural defects of the penalty and fill the local values of the public opinion and development trends of the society.The legislators are mainly based on the consideration of factors,such as the reflection of China's anti-corruption policy,the determination and will of the party and the government to combat corruption,and improving the penal structure and alleviating social contradictions and enhancing the people's legal beliefs.Thus,in the Criminal Law Amendment(IX),Life imprisonment is set for serious crimes of bribery.However,the establishment of a life imprisonment system based on criminal policies and some requirements for the general prevention of penalties have caused many defects and disputes,which have caused the realization value of life imprisonment to deviate from the original value.Therefore,under the realistic conditions of restricting the death penalty and the gradual abolition of the death penalty,the value realization path of the life imprisonment system should be improved,and the applicable crimes should be limited to crimes that endanger national security crimes and cause serious harm to public and personal safety.In order to achieve the adaptation of crimes and punishments,the criminals sentenced to life imprisonment are included in the prison assessment system.The assessment results are used as a measure to evaluate whether to improve the living conditions of prisons and the conditions for amnesty,and give hope to those who continue to live.This article is divided into the following four parts:The first part mainly defines the life imprisonment system,including defining the concept of life imprisonment system,and dividing it with the relevant system of death penalty execution,life imprisonment and restriction probation in China's penal system,and analyzing the same system.Different from the conceptual point of view,life imprisonment and life imprisonment have a fit,and life imprisonment can be included in the framework of life imprisonment.The second part mainly explains the content of the life imprisonment system,and introduces the advantages and values of the life imprisonment system from establishment to development,that is,as an alternative to the death penalty,the punishment is lightened and targeted.Crimes are worth the punishment and the purpose of prevention.After clarifying the original value of the life imprisonment system,the third part analyzes the performance of the life imprisonment system in the implementation process of our country,which violates the development direction of the penalty mitigation,exceeds the guilt of the bribery criminals,the failure to fully realize the purpose of prevention of punishment.The fourth part analyzes the causes of the deviation of value from the value of the life imprisonment system in China.Although the legislative value of life imprisonment in China can be realized to a certain extent,based on the overall value of life imprisonment and the longterm development,the problem of the current life imprisonment system in China is that it deviates from the value that should be realized.The main reason is life imprisonment.It is the implementation of the anti-corruption policy at this stage,the deviation of the pilot direction of the penalty structure reform,and the excessive attention to the general prevention and neglect of the integrity of the purpose of punishment.The fifth part is based on the deviation of the value and the cause after the application of the life imprisonment.It proposes the path planning of the application of the life imprisonment system in terms of nature,legislation,justice and enforcement,so that the application of the crime is justified.The enforcement process is in line with the humanitarian spirit,and giving full play to the positive role of the replacement of the death penalty and achieving original value. |
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