The Research On Life Imprisonment

Life imprisonment as a severe freedom penalty, has been widely used in Western countries and the world. It can be described as the main trend of contemporary penal reform system. Before the implementation of “the Amendment(IX) to the Criminal Law of the People’s Republic of China”, Chinese scholars have discussed with multi-angle about the life imprisonment and the death penalty. The disputed issues of the death penalty abolished have discussed fiercely in Chinese criminal law. In“ the Amendment(IX) to the Criminal Law of the People’s Republic of China”, the first time introduced the system of life imprisonment where the law clearly defined the status of this system. For our criminal law prospect, the creation of this new penalty discretionary system was bond to attract a lot of attention.In addition, the reform of Chinese punishment system never stopped. Legalization of continuous improvement in our process, our country’s criminal policy, legislative idea also reform constantly. Since the policy of reform and opening, either in practice or trial of criminal legislation, justice, and also in the concept of punishment has been toward modernization and civilization. It is because of ”the Amendment(IX) to the Criminal Law of the People’s Republic of China ” the innovative system called life imprisonment, and reform of the contemporary penal system. These two hot issues sparked the author’s thinking, with the comparative analysis method and through the relevant literature, after understanding the origin of life imprisonment in Common Law System and according to the status of foreign legislation, clearing that the life imprisonment is a Independent Kind of Penalty in foreign penalty system. Because this kind of punishment generally applicable in all countries, especially in countries abolished the death penalty. Now China is moving gradually limiting or even abolish the death penalty on the road to move forward, after “the Amendment(IX) to the Criminal Law of the People’s Republic of China ”referenced the life imprisonment system, it will have a significant impact to our legalization of construction.Firstly,This paper elaborates the evolution of foreign origin about the life imprisonment. The life imprisonment evolved from the modern freedom penalty. 1764, "On Crimes and Punishment," a book written by the famous criminal scholar called Beccaria.He proposed the point that abolishing the death penalty,replacing the death penalty with the life imprisonment.after this proposition, the life imprisonment got much attention. Furthermore,it is used widely in the world and integrated into many country’s penal system. Secondly, from the contemporary legislation concerning the life imprisonment, and bring the experience of extraterritorial criminal legislation of Enlightenment thinking, we determine that the necessity and importance of the reference about this system in the penal system reform. At the present stage,in the penal system reform of our country, the life imprisonment is not only consistent with our criminal policy,called Precautious Application of Capital Punishment,but also effectively compensating for the lack of the current penalty structure. Thirdly, through “the Amendment(IX) to the Criminal Law of the People’s Republic of China ”, the life imprisonment in our penal system also has its own position. Followed by legal positioning of the life imprisonment, this paper discusses several aspects including the regulations implement, the application of time and objects. Finally, in order to complete the life imprisonment system and to promote our penal system, we propose the idea of the punishment of life imprisonment as a Independent Kind of Penalty, and suggest the specific design of the system. In addition,after the application of this ides,it will cause some problems. Referring to these problems, we propose the corresponding solutions.All in all, the life imprisonment is included in China’s penal system, it can build a reasonable ladder penal system, and promote the reform of contemporary penal system.It is conducive to China’s legal construction.