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On Life Imprisonment System For Corruption And Bribery Cases In China

Posted on:2021-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:J L LiFull Text:PDF
GTID:2506306110466544Subject:Master of law
Abstract/Summary:PDF Full Text Request
Since the 18 th national congress of the communist party of China(CPC),China has been cracking down on corruption.In 2015,China introduced the life imprisonment system in the ninth amendment to the criminal law for the first time.On the one hand,it demonstrates China’s determination to crack down on corruption,and on the other hand,it also curbed the disorder of illegal application of commutation and parole in judicial practice.But attributes analysis about life in prison,has been debated in academia,whether alternative measures to death penalty,suspended legal consequences or life imprisonment execution measures said,in my opinion,these arguments are questionable,life in prison system is neither a new establishment of mitigation,unfavorable also become the alternative measures to death penalty in the future with the development of the reform of death penalty,we can be as a kind of transitional measures to abolish the death penalty.Since set up,life in prison system in the judicial practice has been for five years,from Bai Enpei case to just sentenced Xing Yun case,so far there have been six officials for corruption and bribery was applicable to the life imprisonment,of life imprisonment applicable conditions and judicial precedents in the specific operation also gradually clear,we can clearly feel,life in prison system,perfected the structure of the punishments in China,also between the death penalty and life imprisonment has established very good cohesion,enrich the long-term free line system in China,at the same time,the life imprisonment system applicable to the immediate execution of a death penalty also had limited effect,To some extent,the reform to abolish the death penalty has been promoted.However,we cannot deny that there are still various problems in the application of the current life imprisonment system,such as inaccurate macro positioning,fuzzy application conditions,confusion of application procedures and so on.Of course,no new system can be mature and perfect from the very beginning.While affirming its positive significance,we should also be aware of its shortcomings.At the same time,we should improve this system as soon as possible in light of China’s current situation.This paper consists of four parts.The first part starts with the legislative background and legislative reasons of the life imprisonment system,gives an overall overview of the life imprisonment system in China,and then discusses the positive significance of the introduction of the life imprisonment system in China.The second part focuses on the analysis of the attributes of the life imprisonment system and puts forward their own views.At the same time,combined with the cases that have been produced,the use conditions and the specific application of life imprisonment in practice are discussed.The third part analyzes the problems and possible complications in the application of life imprisonment in China and points out the problems and deficiencies of the current system from the macroscopic and microscopic aspects.The last part is also the focus of this paper,from the life imprisonment of the applicable conditions,applicable procedures,methods of educational reform,relief and other aspects of the opinions and Suggestions.
Keywords/Search Tags:corruption and bribery crime, life imprisonment, applicable standards, Suggestions for improvement
PDF Full Text Request
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