在中国逐步减少死刑使用的背景下无期徒刑的最新变化

IF 0.3 Q3 LAW
H. Gui
{"title":"在中国逐步减少死刑使用的背景下无期徒刑的最新变化","authors":"H. Gui","doi":"10.6092/ISSN.2531-6133/8150","DOIUrl":null,"url":null,"abstract":"China is improving its criminal law to gradually reduce the use of the death penalty, particularly in the Eighth and Ninth Amendments, and the law relating to the use of life imprisonment has also been changed in these two amendments, including upgrading it to the maximum punishment for those crimes from which the death penalty has been removed and reforming its termination mechanisms which include life imprisonment with possibility of release (LWPR) and without release (LWOR). In the light of this, following the introductory section, this paper will explore the upgrading of life imprisonment to the maximum punishment in these two amendments and analyze the reasons for this, which include the requirements of the proportionality principle, and the influence of the severe penalty doctrine, as well as political considerations. The paper will then examine the reforms carried out by the two amendments and relative judicial interpretations for the termination mechanism of life imprisonment on the basis of the conditions for its use as a sentence and its prevalence. Finally, the paper will make proposals for improving the current situation. These proposals include reducing the number of crimes punishable by life imprisonment and removing LWOR from the law, as well as explicitly defining applicable conditions.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"3 1","pages":"24-63"},"PeriodicalIF":0.3000,"publicationDate":"2018-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"On Recent Changes to Life Imprisonment in the Context of the Gradual Reduction in the Use of the Death Penalty in China\",\"authors\":\"H. Gui\",\"doi\":\"10.6092/ISSN.2531-6133/8150\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"China is improving its criminal law to gradually reduce the use of the death penalty, particularly in the Eighth and Ninth Amendments, and the law relating to the use of life imprisonment has also been changed in these two amendments, including upgrading it to the maximum punishment for those crimes from which the death penalty has been removed and reforming its termination mechanisms which include life imprisonment with possibility of release (LWPR) and without release (LWOR). In the light of this, following the introductory section, this paper will explore the upgrading of life imprisonment to the maximum punishment in these two amendments and analyze the reasons for this, which include the requirements of the proportionality principle, and the influence of the severe penalty doctrine, as well as political considerations. The paper will then examine the reforms carried out by the two amendments and relative judicial interpretations for the termination mechanism of life imprisonment on the basis of the conditions for its use as a sentence and its prevalence. Finally, the paper will make proposals for improving the current situation. These proposals include reducing the number of crimes punishable by life imprisonment and removing LWOR from the law, as well as explicitly defining applicable conditions.\",\"PeriodicalId\":36563,\"journal\":{\"name\":\"University of Bologna Law Review\",\"volume\":\"3 1\",\"pages\":\"24-63\"},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2018-05-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"University of Bologna Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.6092/ISSN.2531-6133/8150\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"University of Bologna Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.6092/ISSN.2531-6133/8150","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0

摘要

中国正在完善刑法,以逐步减少死刑的使用,特别是在第八修正案和第九修正案中,与使用无期徒刑有关的法律也在这两项修正案中发生了变化,包括将其升级为对已取消死刑的罪行的最高刑罚,并改革其终止机制,包括有释放可能的终身监禁(LWPR)和无释放可能的无期徒刑(LWOR)。有鉴于此,在引言部分之后,本文将探讨这两项修正案将无期徒刑升级为最高刑的问题,并分析其原因,包括相称性原则的要求、重刑主义的影响以及政治考虑。然后,本文将根据无期徒刑作为一种刑罚的使用条件及其普遍性,审查两项修正案和相关司法解释对无期徒刑终止机制进行的改革。最后,本文将对改善现状提出建议。这些建议包括减少可判处终身监禁的犯罪数量,将LWOR从法律中删除,以及明确规定适用条件。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
On Recent Changes to Life Imprisonment in the Context of the Gradual Reduction in the Use of the Death Penalty in China
China is improving its criminal law to gradually reduce the use of the death penalty, particularly in the Eighth and Ninth Amendments, and the law relating to the use of life imprisonment has also been changed in these two amendments, including upgrading it to the maximum punishment for those crimes from which the death penalty has been removed and reforming its termination mechanisms which include life imprisonment with possibility of release (LWPR) and without release (LWOR). In the light of this, following the introductory section, this paper will explore the upgrading of life imprisonment to the maximum punishment in these two amendments and analyze the reasons for this, which include the requirements of the proportionality principle, and the influence of the severe penalty doctrine, as well as political considerations. The paper will then examine the reforms carried out by the two amendments and relative judicial interpretations for the termination mechanism of life imprisonment on the basis of the conditions for its use as a sentence and its prevalence. Finally, the paper will make proposals for improving the current situation. These proposals include reducing the number of crimes punishable by life imprisonment and removing LWOR from the law, as well as explicitly defining applicable conditions.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
University of Bologna Law Review
University of Bologna Law Review Social Sciences-Law
CiteScore
0.20
自引率
0.00%
发文量
0
审稿时长
22 weeks
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信