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Research On The Life Imprisonment System In My Country

Posted on:2022-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:P Y DuanFull Text:PDF
GTID:2516306479483134Subject:legal
Abstract/Summary:PDF Full Text Request
The system of life imprisonment in China's criminal law is the system of restricting the commutation and parole of criminals who are sentenced to death penalty with suspension of execution in the crime of corruption and bribery.Compared with life imprisonment and death penalty with suspension of execution,it has its unique significance.Life imprisonment system is different in different countries.China's life imprisonment system is a penalty execution measure based on careful use of death penalty and severe anti-corruption consideration.It has three main meanings: adapting to the process of gradually abolishing death penalty,making up for the structural defects of "death penalty is too heavy,life penalty is too light",and cracking down on corruption and bribery,First,the premise of application is that the crime of corruption and bribery is sentenced to death penalty with a reprieve,and the reprieve is reduced to life imprisonment after the expiration of the reprieve;Second,the object of application is limited to the criminals of corruption and bribery;Thirdly,the application of life imprisonment should be made at the same time as the sentence of death penalty with suspension of execution;Fourth,only when the death penalty is suspended and reduced to life imprisonment according to law can life imprisonment be carried out;Fifthly,whether the life imprisonment system can be applied to the cases before it takes effect should be judged in specific cases.However,there are also some defects in the system,such as the unclear nature of penalty,the unclear applicability of major meritorious service and the difficulty of prison management.Suggestions for improvement include clarifying the nature of penalty,linking up the relationship between penalty and major meritorious service,and optimizing prison management.
Keywords/Search Tags:life imprisonment, Corruption and bribery, Restrictions on death penalty
PDF Full Text Request
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