Study On The Judicial Application Of Lifelong Imprisonmen

In the study of the legal nature and applicable conditions of life imprisonment,through the interpretation of the concept of life imprisonment and dialectical analysis of the academic debate on the nature of life imprisonment,negating the "independent sentence theory" and "intermediate penalty theory",affirming "implementation measures" ",and characterize it as a "execution measure of the death penalty";in terms of applicable conditions,comprehensively analyze the applicable conditions of "life imprisonment" from the aspects of the conditions of crime,the conditions of punishment,the basis of application and the practical application applicable to life imprisonment..In the study of the controversial issues in the application of life imprisonment,it mainly analyzes the major merits,time effectiveness and temporary execution of supervision in the application of life imprisonment.For major meritorious service issues,if a criminal who has been sentenced to life imprisonment has a significant meritorious service during the test period of the death penalty,he is directly reduced to 25 years in prison and no longer applies to life imprisonment,but the conditions for the establishment of a major meritorious service and the reduction of punishment are The standard of parole is strictly restricted;for the temporary execution of supervision,since life imprisonment itself contains the meaning of serving a sentence in prison for life,it cannot be commuted or parole,and it is also applicable to temporary execution outside the prison;for the validity of time,lifelong Whether the application of imprisonment conforms to the principle of “from the old and the light”,it should be judged according to the specific crime situation,if the law before the promulgation of the Criminal Law Amendment(IX)(hereinafter referred to as “Criminal Repair Nine”)Life imprisonment can no longer be applied if the ordinary death penalty is imposed.In the aspect of empirical analysis and rule construction of life imprisonment applicable standards,it mainly analyzes the facts and reasons of the three typical judicial cases of “Bai Enpei Case”,“Wei Pengyuan Case” and “Wu Changshun Case” which have been applied for life imprisonment in recent years.And analyze the applicable standards of commonality from the aspects of amount standard,crime plot standard,pre-crime performance and post-crime performance,and then attribute it to the three macroscopic levels of “retribution”,“prevention” and “social effect”.Specifically,the rule construction of the applicable standards for life imprisonment is proposed.