Study On Life Imprisonment Under The Provisions Of China's Criminal Law

Article 383 of the criminal law amendment(9)in paragraph 4,"the first sin,there is a third paragraph was sentenced to death penalty with suspension of execution,the people's court according to the circumstances of the crime,and so on and so forth can be decided at the same time suspended death sentences in its commuted to life imprisonment in accordance with the law after the expiration of two years,life imprisonment and shall not be commuted or paroled on".Based on the revised set up by the interpretation of the provisions of the life in prison with analysis,lead to life in prison system and judicial application.Life imprisonment is proposed as a substitute for the death penalty measures,the author through to life in prison for time effectiveness,execution of criminal law and the influence of the major contributions to life in prison in probing into life in prison in the concrete applied problems in practice.Life imprisonment is faced with many problems in theory and practice,through to the our country establish the system of deep thinking,revolves around life in prison is in line with the penalty purpose problem,comprehensive analysis and feasibility of implementing life imprisonment and possible risk,to answer questions on how to determine the nature of life in prison system?What is the purpose of setting system of life in prison?The "criminal law amendment(9)into force before the implementation of the embezzlement and bribery crimes can apply to life in prison?According to the regulation of the criminal law amendment(9)in accordance with the law applicable to life in prison criminals,in the death penalty after a two-year suspension of execution commuted to life imprisonment,if there is a significant contributions,whether can reduce the problem such as no longer applicable for prison life in prison.Through to the more controversial discussion and argument,the author thinks that life in prison system is a kind of between suspended death sentences with immediate execution of a kind of intermediate punishment,punishment system in our country at the same time as the immediate execution of a death penalty in the existence of the death penalty alternative measures;The purpose of setting up its mind on the one hand,limit the immediate execution,on the other hand also form a complete set of the death penalty with suspension of execution for rationally;Life imprisonment applicable conditions including,corruption and the amount is especially huge and the interests of the state and the people were particularly significant loss "criminal,based on the embezzlement,bribery,particularly large amount and the specific circumstances of the crime is particularly significant losses of the state and people,etc,sentenced to immediate execution leads to heavy punishment,and sentenced to death penalty suspended and can produce lighter punishment condition,and was suspended death sentence in accordance with the law,the death penalty with suspension of execution at the same time,the people's court may,on the basis of the above factors to the decision to life imprisonment,life imprisonment of decision making should be with the one,in the second instance of the death penalty with suspension of execution to the referee made;at the same time on the applicable time validity,from the old and shall be given a lighter and for applicable principle,to put to death before the implementation of the amendment executed immediately lay particular stress on,and after the implementation of the amendment can be applied to both sentenced to immediate execution lay particular stress on,also can be applied to death penalty with suspension of execution partial light behavior;as to the discussion of significant contributions to life in prison,the author thinks that shall be conducted in two stages to analysis,the major contributions of behavior occurred in the death penalty with suspension of execution test during the period of two years,major contributions of the relevant provisions shall be applicable,in accordance with law,reduce the possibility of a fixed-term,test for two years after the expiration of commuted to life imprisonment in accordance with the law during the execution of the criminal life imprisonment and significant contributions behavior,the major contributions of the relevant provisions shall be applicable to no longer be considered.Above all,the author thinks that,relative to fundamental flaw before criminal law,punishment of nine related to life in prison in preventing take bribes the crime of criminal judicial practice appears through the way such as reduced leading to a situation short sentence,more conducive to safeguard judicial justice,adapted for a principle of criminal law in our country,is in accordance with the criminal policy of tempering justice with mercy.