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Analysis Of Life Imprisonment

Posted on:2020-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2416330596481152Subject:Law
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In 2015,China introduced the system of life imprisonment.Although it only applies to cases of corruption and bribery,the penal effect it brings is worthy of recognition.This paper is divided into three chapters: The first chapter discusses the legislative background and significance of life imprisonment.Firstly,the legislative background of life imprisonment is analyzed.The situation of corruption and bribery crimes in China has been severe.The life imprisonment for corruption and bribery crimes in China is to increase the crime of corruption and bribery on the basis of catering to the abolition of the death penalty and reducing the application of the death penalty.The punishment of the molecule.Secondly,it is said that life imprisonment is of great significance to the improvement of China’s penal structure.China’s penal structure has the defects of too little punishment and excessive death penalty.The degree of life imprisonment,the severity of death and the degree of life imprisonment are comparable or even protracted,leading to the low birth penalty in our country,and the death penalty immediately enforces the deprivation of the life of criminals,violating humanitarianism,while the death penalty has Irreducible,it is meaningless to take any remedy after many innocent people have been killed and killed.The execution of the death penalty is too strict.Although the life imprisonment system is currently only applicable to the field of corruption and bribery crimes,it is obvious that life imprisonment can aggravate the birth penalty and limit the application of the death penalty.Life imprisonment can make up for the shortcomings of China’s penal structure and improve the penal structure of our country.The second chapter discusses the implementation of life imprisonment.Life imprisonment will inevitably lead to some problems in the implementation process,such as the physical and mental health problems of prisoners,the physical problems in the body are inevitable,and the lifelong freedom of the prisoner is deprived,which inevitably causes psychological problems and loss of prison.The hope of life,even a suicidal act or the implementation of illegal and criminal activities against other people;and,for example,the burden of the prison system,the criminals are held in prison for life,which requires the prison system to invest a lot of manpower,material and financial resources,The lengthening of the prison term will inevitably impose a greater burden on the prison,and the ability of the prisoner to create economic value with age will be lower and lower,and the burden of the prison system will ultimately be borne by the taxpayer.As for how to solve the mental and physical health problems of prisoners,the author believes that while improving the medical level of prisons,it should give full play to the role of the medical care system,allow prisoners with serious diseases to seek medical treatment outside the hospital,reduce the pressure on the financial system of the prison system,and introduce social forces.Providing psychological services for prisoners;in the process of reforming and educating prisoners,they can also implement a humanized reward mechanism to encourage prisoners to actively accept educational reforms;for dying prisoners,they can give humanized hospice arrangements and serve sentences for death.The criminals’ future affairs are properly arranged.In addition,the author believes that the problem of the prison system can be solved.The author believes that the special amnesty system in China can be improved,and the prisoner of life imprisonment can be given a certain system of export;the old disabled prison area is set up,and the healthy prisoners are responsible for taking care of the special prisoners.It can also encourage prisoners to use their talents to actively create value.The third chapter discusses the future direction of life imprisonment.One is the penalty for life imprisonment.Scholars have a lot of controversy about the nature of life imprisonment,including the alternative measures of death penalty,the execution of death mitigation,the middle penalty,and the transitional measures of the death penalty.The author believes that the nature of life imprisonment is not clear at present,and it is not suitable for life.To make qualitative judgments on the nature of imprisonment,we should focus on the future direction of life imprisonment and incorporate life imprisonment into our criminal structure.The reasons are as follows: First,life imprisonment increases the punishment of criminals’ freedom on the basis of not depriving criminals of their lives.It also limits the application of the death penalty while severely punishing the crime of corruption and accepting bribes.China’s criminal policy of tempering leniency;secondly,life imprisonment can achieve preventive purposes against corrupt and bribery criminals and potential national staff who may commit crimes,which is in line with the purpose of penalties in our country;third,life imprisonment is consistent with crime balance and life imprisonment.Penalties for serious criminals are punishable by depriving them of lifelong freedom,and the severity of the punishment can be adapted to the severity of the crime.The second is the institutionalization of life imprisonment.From the practice of life imprisonment in the field of corruption and bribery crimes,life imprisonment has great legal value,not only makes corruption and bribery crimes punishable,but also promotes the abolition of the death penalty in China,and perfects the penalty structure in China.The author believes that based on the benign value that life imprisonment can play,it can be considered to expand its scope of application,and extend the application of life imprisonment to those crimes that are too heavy to be sentenced to death and sentenced to ordinary death sentences,such as setting Violent crimes,terrorist crimes,drug crimes,etc.,with the crime of death penalty,the application of life imprisonment in the above crimes can not only be punished as a crime,but also play a role in limiting the application of the death penalty.In summary,the author believes that the future direction of life imprisonment should be to incorporate it into China’s penal structure,and gradually expand the scope of life imprisonment,in order to give full play to the legal value of life imprisonment.
Keywords/Search Tags:life imprisonment, penalty structure, life imprisonment execution
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