To Defend The Life Sentence Of "With Out Commutation Or Parole"

Academic of "no commutation and parole" life focus on its teaching research,is the law logic evolution and general discourse determined,rather than the legitimacy of system ontology reasoning,methodology error and focus,such as denying the development of the current provisions,by denying the legislative logic to life sentence itself,and the existence of "no commutation and parole" and life confusion phenomenon,this paper on the premise of distinguishing the two,with "no commutation and parole" life as the research object.The opposition to the life sentence of "no commutation or parole" involves the opposition to the concern of the victim,that is,the excessive consideration of the rights of the most evil criminal,while ignoring the status of the victim and the spiritual and legal interests.The rise of legal elitism,artificially the simple legal feelings and legal opposition,the essence is the problem of basic ideas.In essence,the lifelong punishment of "no commutation or parole" is the contradiction of light and heavy punishment(but the lifetime punishment of "no commutation or parole" advocated in this article is conducive to the abolition of the death penalty,so it is not a violation of the lenient punishment),which is fundamentally the contradiction between the concern of the criminal and the concern of the victim.The academic view of punishment should not all accept the concerns of the criminals,but accept the concerns of the improved victims.The logical approach above this will make the interpretation of the lifetime sentence of"no commutation or parole" fit the national feelings and policy purposes,and change the illusion that the theory of heavy punishment concept is missing and only depends on the public demands and support.On the contrary,in the absence of a common value basis,the two sides of the debate will appear from the situation of talking,and make the discussion superficial.If the basic legal differences are not resolved,the debate on specific systems will become a tool to confront the two concerns without providing theoretical support for the system.The debate on the life sentence without commutation and parole should be not only the discussion of two concerned concerns,but also the concrete arguments on the concerned concerns.The victims need to be amended to meet the needs for the abolition of the death penalty,and it is suggested that the scope of the lifetime sentence of "no commutation or parole",fill the mistakes of the lifetime sentence of "no commutation or parole" under the correction of the abolition of the death penalty,and reconcile the conflict between the concern of the victim and the reality of the abolition of the death penalty.The center of this system dispute should be the basic position of punishment and the feasibility of life sentence itself,rather than the "substitution" itself and whether the penalty system accepts life sentence in the logical order,that is,the life sentence without commutation or parole "is more of legislative theory than explanatory theory.The lifelong sentence of "no commutation or parole" is conducive to the containment of commutation,parole and parole for medical treatment.