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Research On The Life Imprisonment System Of My Country's Criminal Law

Posted on:2020-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhangFull Text:PDF
GTID:2436330578950605Subject:Criminal Law
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Lifelong imprisonment is accompanied by the development of free punishment under the capitalist mode of production,Many Western countries have established lifelong imprisonment systems.Lifelong imprisonment as a reference to foreign imports from China,was officially introduced and established in the Criminal Law Amendment(9).Since the simple provisions are made only in the provisions of the crime of corruption and bribery,the lack of theoretical basis,clear applicable standards and the mechanism of returning to society are controversial.At present,it is still immature in China and needs further development and improvement.In recent years,there have been many scholars discussing life imprisonment.Most of them have discussed their legal nature,judicial application and improvement measures,so that the life imprisonment system can play its optimal value goal in China's penalty system.The establishment of this system has caused a lot of controversy.It belongs to a new type of punishment,or belongs to life imprisonment,or merely innovates the system of punishment execution in our country? Whether it really belongs to the absolute sense of life-long free punishment,or whether it has the corresponding corrective export as other Western countries? Based on the discussion and debate of many criminal law scholars,the first chapter of this paper introduces the overview of lifelong imprisonment and the relevant regulations of extraterritorial countries.The second chapter discusses the status,value and content of lifelong imprisonment in China's penalty system based on the existing basic theories in China,so that readers have a comprehensive and systematic understanding of lifelong imprisonment system.The third chapter starts from the four cases of lifelong imprisonment in the existing corruption and bribery crimes,and discusses the disputes concerning the judicial application of the lifelong imprisonment system.Under the premise of affirming the positive role of lifelong imprisonment in corruption and bribery crimes,the fourth chapter puts forward corresponding improvement measures based on China's basic national conditions,advocates appropriate expansion of the scope of lifelong imprisonment,and perfects some shortcomings in the design execution of lifelong imprisonment.
Keywords/Search Tags:lifelong imprisonment, life imprisonment, death penalty, corruption and bribery crime
PDF Full Text Request
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