| Empirical research on the amount,circumstances and timing of life imprisonment cases in China,there are some problems including application depending on amount,unclear criteria and repeating evaluation of aggravated circumstance ect.The solution to them is based on definding the purpose of life imprisonment.Based on it`s specifities,Modified-Combination theory of punishment shoulde be advocated,uniforming Retributive and Deterrence,and modifing the shortage of them by Schuldprinzip and Humanity principle,to ensure the proper application and enforcement.Under the Modified-Combination theory,clarifing the judicial standards,refine minimum and maximum amounts standar,addition of the amount "buffer zone";reasonably limit the criteria for the circumstances,merging "particularly bad impact" into "particularly serious circumstances",clarify the criteria for judging "particularly serious content" and "causing particularly heavy losses",limiting "circumstances of the crime" to lenient circumstances to avoid repeating the evaluation of strict circumstances.In the implementation,introducing Humanity principle,establish humanity implementations including family affection incentives,meritorious service incentives,and add labor items suitable for the offender.At the same time,establishing Pardon for prisoners,allowing the serious patient or prisoner who can not care themselves can receive treatment in outside-hospital,to eliminte over-tribution of life imprisonment. |