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Theoretical Proof Of The Expansion Of The Scope Of Application Of Life Imprisonment In The Framework Of The Penal Power

Posted on:2024-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:X YangFull Text:PDF
GTID:2556306935953579Subject:Law
Abstract/Summary:PDF Full Text Request
Life imprisonment,as a representative of the mitigation of penalties,is of great significance in bridging the penal system and partially replacing the death penalty.The introduction of life imprisonment in China is not comprehensive and is currently only reflected in the offences of embezzlement and bribery,a compromise made in order to strike a balance between the interests of fighting corruption and safeguarding human rights.However,in terms of the current focus on the purpose of punishment and the optimal allocation of penal resources,the value of life imprisonment should not be confined to corruption offences.The purpose of punishment in the modern sense is no longer based on the vindictive theory of punishment for crime,but rather on the rehabilitation of existing offenders and the prevention of future offenders.The de理论ath penalty is no longer the centrepiece of the penal system,but rather the balance between the punishment of crime and the safeguarding of human rights.Life imprisonment,the most severe form of liberal punishment,ensures that the abolition of the death penalty remains a deterrent to crime.Secondly,socio-economics,as the material basis of punishment,is also an important factor in determining the configuration of punishment.In the objective reality of a large population base and a large number of crimes,the application of the death penalty will not eradicate crime and will inevitably lead to a vicious backlash when the number of executions reaches its peak.But social resources are limited,and in order to maximise the deterrence of crime,it is necessary to allocate the limited social resources in an optimal way.Life imprisonment is the optimal solution for the purpose of punishment and the allocation of social resources in the modern sense,and it should be helped to break away from the "fence" of corruption and to make it work in a wider range of penalties.Therefore,on the basis of defining the nature and status of life imprisonment,analysing the basis of its penal power and economic value,we should improve the legislation in line with the existing penal system,and build a supporting legal system,litigation structure and optimal implementation scheme.Making life imprisonment the final penalty for non-violent crimes and the reserve maximum penalty for the abolition of the death penalty manifests the principle of compatibility between crime and punishment and the principle of human rights protection.At the same time,it is also the best option for victims to fight for their procedural rights and satisfy their demands.
Keywords/Search Tags:life imprisonment, penal power, penalty system, allocation of social resources, victim’s litigation right
PDF Full Text Request
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