The Institution Of Life Imprisonment From The Scope Of The Death Penalty Restriction

The introduction of life imprisonment in the 9th Criminal Law Amendment is a significant transformation to the penalty system in China.Because its severity,the life imprisonment has been used of the death penalty alternative measures and played an important role on the road of abolish the death penalty in many foreign countries.So this is provide helpful reference and illumination for the death penalty reformation in our country.The life imprisonment system,which be used of alternative measures to the death penalty,can ensures the effect of punishment is equivalent to the death penalty and does not indulge crimes.And its also can reduce the application of death penalty,in order to confine death penalty and guarantee human rights.Under the current situation of our country cannot immediately abolish all the capital punishment,based on the life imprisonment to reduce death penalty and promote no-death-penalty in a progressive way,has its rationality and feasibility.This paper is divided into four parts:The first part is a summary about the life imprisonment system.This part discusses the origin,development and the types of life imprisonment system.And then gives emphasis on analyze the legal position of the life imprisonment system in our country.Differencing from the west,the current life imprisonment system of our country is not a penalty sort.By the analysis of the legislative background and the legal provision,this paper defined life imprisonment in the criminal law as the execution mode of death sentence with a reprieve.The second part is to investigate the current situation of death penalty' application.Eliminating the death penalty is the historic certainty.Death penalty was no longer applicable in many countries,but our country still keep the death penalty in criminal law and still impose a large quantity of the death penalty.For reducing the abuse of death penalty,applicate the life imprisonment is necessity.The third part analyzes the rationalization of the death penalty restriction using life imprisonment.This part discusses the concept of the alternative to the death penalty in first,and then discusses the different viewpoints about the life imprisonment can be or not can be chose to be the death penalty alternative measures.According to the different viewpoints,this part which from various perspectives included the punishment legitimate,criminal policy,public opinions and so on,expound the life imprisonment can become the death penalty alternative measures.The fourth part is the system design about how to make the life imprisonment limit the application of death penalty.Through analyzes the crime numbers of death penalty in China' criminal law,the range of life imprisonment should be extended to the most serious charges on death penalty.Based on the humanism of criminal punishment,life imprisonment does not apply to some special object;and the pardon system can become the relief way.At last,in order to make the penalty system become integrity and harmonization,this part discusses the adjustment about relevant penalty,included the system of death penalty with reprieve and the China life sentence.