Study On The Reform Of Life Imprisonment In Our Country

There are about 34000 words in this paper,in addition to the introduction and conclusion,the main part of this paper is divided into four parts:The first part is an overview of life imprisonment.Life imprisonment appears under the situation of the abolishment of death penalty.Through the study of the history of life imprisonment,the author had a in-depth understanding of life imprisonment.At the same time,this part also introduces the legislative background,legislative content and legislative characteristics of life imprisonment in China,and compares the foreign life imprisonment in the general sense with our life imprisonment and our life imprisonment in our country.The second part is about the existing problems of life imprisonment in our country.These problems include indefinite of the legal nature of the existing life imprisonment in China,the inappropriate application of the scope of the chargers,objects and subjects,the irrational standard of application,the conflict between the provisions and the general rule.All of these are the obstructions of effective application of life imprisonment.The third part demonstrates the basis of the reform of life imprisonment in China.The author develops the analyses mainly from three parts,including the legitimacy of life imprisonment as penalty,life imprisonment serves as alternative measures of death penalty,the realistic requirements of achieving the principle of the accordance among crime,responsibility and penalty.On the basis of the analysis,the fourth part puts forward the reform proposals for the future of life imprisonment according to the existing problems.Firstly,it is necessary to accurately locate the legal nature of life imprisonment,life imprisonment should be identified as part of life imprisonment penalty;secondly,we should clarify the applicable standard of life imprisonment: unified the declaration,entry into force and the implementing time of life imprisonment and adjust the scope of application of life imprisonment properly as well as follow the principle of choosing the penalty of old laws first if the penalty in old law is lighter;thirdly,we should adjust the scope of crimes for life imprisonment,extend the scope of objects of life imprisonment and limit the scope of the main body of life imprisonment;In addition,the paper also putforward some suggestion for the commutation,parole system,pardon system,prison outside the implementation of the system,the prison system related to life imprisonment.