Research On The Application Of Life Imprisonment For Corruption And Bribery Crime In China

In the face of the current high incidence of corruption,the?Criminal Law Amendment(?)?had modified the old law of Corruption and bribery crimes,changed the crime mode of " fixed amount of money" to the mode of "large amount of money" or "severe crime plot".The note is that in the context of the death penalty of corruption and bribery,the introduction of life imprisonment in the crime.Now,the penalties of the corruption have death penalty?death penalty is suspended for two years?not commuted?parole life imprisonment?can be commuted?parole life imprisonment?sentenced to imprisonment?criminal detention?control.In the past,our country has always put severe punishment on corruption crime,especially had death punishment,the number of people who were sentenced to death immediately has been increased in the past few years.With the development of economy,the defect of the death penalty has begun to become apparent so that caused the abolition of the death penalty in the world,called for the use of life imprisonment instead of the death penalty.This time in the corruption and bribery crime above the introduction of life imprisonment,on the one hand is to comply with the world to abolish the death penalty trend,on the other hand is based on China's current crackdown on corruption and bribery situation background.Up to now,three criminals have been sentenced to life imprisonment,domestic scholars found that their life imprisonment in practice trial exposed some problems,such as whether life imprisonment has a retroactive force,the object of life imprisonment,and what conditions the judge is based on when he decide to apply life imprisonment.For the retrospective force must be combined with the relevant judicial interpretation,the judge decided to apply for life imprisonment,we must compare the old and new law to see which is more favorable to criminals.If the death penalty is executed in accordance with the old law,that is,the general death can be consistent with the crime and punishment,it can not apply for life imprisonment.If the general death penalty is inconsistent with the crime,it performance crime is serious but penalty is light,so it can apply for life imprisonment.Life imprisonment set in the crime of corruption and bribery,its application object is also congenital limited,only applies to corruption and bribery crime.Life imprisonment for corruption and bribery can effectively compensate the defect which that restricting economic crimes' death penalty that caused penalties become general light.Although life imprisonment can give full play to its function,but the application of life imprisonment must also meet the strict conditions,otherwise there will be penalties for abuse and excessive punishment.From the provisions of the new 383th,the use of life imprisonment must first meet the "large amount of money" requirements,because the money directly determines the scope of the penalty.Secondly,whether there has a plot that "has caused a particularly significant loss to the interests of the state and the people",and finally whether the objective behavior of the offender is "the offense is extremely serious" and get the degree to which life imprisonment is required,these three conditions must be met at the same time to determine the application of life imprisonment.From the current policy of restricting the death penalty to the economic crime in our country and the study of the case in this paper,to the life imprisonment,i put forward some specific ideas.Proposed the use of life imprisonment to replace corruption and bribery crime's death penalty,and expand the conditions of meet the life imprisonment application,while limit the life imprisonment application in China,it should not be arbitrarily expand.