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Study On The Understanding And Application Of "Life Imprisonment"

Posted on:2022-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShanFull Text:PDF
GTID:2506306755971009Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the context of cautious use of the death penalty and severe crackdown on corruption and bribery crimes,the Amendment to the Criminal Law(IX)adds life imprisonment only for serious corruption and bribery crimes.The characterization of life imprisonment has been debated in criminal law circles,but "life imprisonment" can be characterized as a special penalty enforcement measure that assumes the function of an alternative to the death penalty,which not only takes into account the alternative value of life imprisonment to the death penalty,but also takes into account the current legislative status of life imprisonment.Life imprisonment has the important value of "adapting to the trend of gradually abolishing the death penalty" and "limiting the application of the death penalty",and improving the existing "death penalty is too heavy and life sentence is too light".It also reflects the retributive and preventive purposes of punishment.At present,there is a dilemma in the application of life imprisonment in China,the conditions of application are vague and the scope of application is too narrow.Although there is a dilemma of application,the important value of life imprisonment cannot be denied,and the existing dilemma of application of life imprisonment should be solved by exploring multiple paths,so that the maximum value of life imprisonment can be brought into play after its expanded application in the future.The dilemma of life imprisonment can be solved through the following solutions: to clarify the conditions for the amount and degree of life imprisonment through legislation;to take the lead in extending the application of life imprisonment to terrorist crimes,drug crimes,eight types of crimes with restricted sentence reduction,and crimes against national security with serious social hazards through legislation;to optimize the prison supervision and management system,to strengthen the education of inmates,and to improve the corresponding supporting measures.
Keywords/Search Tags:Life imprisonment, Corruption and bribery, Scope of application, Abolish the death penalty
PDF Full Text Request
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