Research On Life-Imprisonment System In China

Life-Imprisonment is considered to be the harshest punishment after life penalty,and it becomes an important measure instead of the death penalty around the world criminal law nowadays.Life-Imprisonment is an important part of the 9th amendment of criminal code.There are few Legal provisions about its legal nature and application,making it hard to draw a conclusion.Therefore,it is necessary to probe the nature and application of Life-Imprisonment.Life-Imprisonment is also under hot debate because it cuts off criminals' way to return to society.It is also a matter of concern whether it is possible to introduce the remedy for Life-Imprisonment.This thesis contains five chapters.The first chapter is the introduction,which expounds the research background and significance of the study system of Life-Imprisonment.The current research status in the domestic as well as in foreign countries is summarized,and the main research ideas and methods are explained.In the second chapter,the concept of Life-Imprisonment is analyzed from two aspects: semantic aspect and legal aspect.First,the literal meaning of Life-Imprisonment is studied,and the conclusion that Life-Imprisonment is a penalty which detains criminals in a certain place until the end of their natural life is drawn.Secondly,the status of Life-Imprisonment in the legal system is expounded.The Life-Imprisonment is not a new kind of punishment but a specific measure to permanently deprive freedom of criminals who are sentenced to death with a reprieve due to his corruption crimes.The third part is the basis for the setting up of Life-Imprisonment,including legal basis and criminal policy basis.Based on the legal basis,the Life-Imprisonment meets the basic needs of Life-Imprisonment in legality and suits punishment principle.From the perspective of criminal policy,it also responded to China's criminal policy of tempering justice with mercy,so it can be said that Life-Imprisonment is a positive measure supported by legal and criminal policy basis.The fourth chapter is the introduction of extraterritorial law.Through the investigation of Life-Imprisonment in American and civil law countries in European,two different kinds of existing Life-Imprisonment are introduced: Life-Imprisonment without parole and Life-Imprisonment.Then the history and status of Life-Imprisonment are analyzed,including the crime which Life-Imprisonment can be applied.Finally,the common ground of Life-Imprisonment between United States and Europe and their legislative experience are studied.In the fifth chapter,the relevant legislative conceptions of Life-Imprisonment are raised.First,this paper refines the applicable conditions of Life-Imprisonment and expands its apply scope.Secondly,this paper argues about the retroactivity of Life-Imprisonment.In accordance with the criminal law before revised,the specific crime sentenced to death immediately or death sentence with reprieve can lead to different consequences.In the end of this chapter the author proves that the application of Life-Imprisonment should be canceled based on the major meritorious service.At the same time,it is put forward that the pardon system as a relief path of Life-Imprisonment should be introduced.