On The Qualification And Application Of Life Imprisonment In China

Life imprisonment without parole is an important new portion of the 9th amendment of criminal code. It is not fit to this new conception that the previous statements on life imprisonment without parole which are mostly based on abolition of death penalty. Therefore, it is essential for us to probe the nature and application of life imprisonment without parole. This thesis includes four sections.In the first section, the author wants to search its nature. After the analysis of belonging concept and the comparison with death penalty, life imprisonment and the limit commutation of stay of execution system, we can reach the following conclusion: life imprisonment without parole can be described as a concrete penalty execution measures of deprivation of offenders’ freedom forever after they are commuted death penalty with reprieve to life imprisonment for bribery and corruption crimes, or is a medium penalty between death penalty sentenced to immediate execution and with a reprieve and has a double function of abolition and alternative of death penalty.The second section explains the legitimacy of life imprisonment without parole. The author arguments this through legal principle and criminal policy. In terms of its enactory basis, life imprisonment without parole embodies the conforming principle of legally prescribed punishment and suiting punishment to crime as well as the demand of Chinese criminal policy.The third section is about the references of extra territorial law. The author thinks life imprisonment without parole should be consistent with the logic of the domestic law or establish a pardon to balance the cruel of penalty through scanning the relevant codes in Europe and U.S.The fourth section is mainly studies the judicial application of life imprisonment without parole. In terms of its application, life imprisonment without parole cannot be retrospective, and despite great meritorious performance exists, the offenders cannot be commuted it to life imprisonment. In addition, this thesis still addresses some problems like the condition of application, its annihilation and combined punishment for several offenses.