A Study On The Application Of Life Imprisonment To Corruption And Bribery Crime

"Criminal Law Amendment(9)" has been formally implemented at November 1,2015.It made a number of changes to the existing provisions of the criminal law.The system of life imprisonment is also established with the promulgation of the Criminal Code Amendment(9).With the strengthening of China's crackdown on corruption and bribery and the establishment of a life imprisonment system in bribery,It is particularly important to discuss the legislative intent of the system and the related application.The life imprisonment system is an enforcement measure attached to life imprisonment and it is an intermediate penalty between the immediate execution of the death penalty and the execution of ordinary death.The application of life imprisonment for embezzlement and bribery should meet the four object conditions.That is limited to bribery criminals;the amount of bribery is particularly large;bribery makes the interests of the state and the people suffered a particularly significant loss;the perpetrator was sentenced to death.For the crime of corruption and bribery according to the old law should be sentenced to death before the life imprisonment system has promulgated,but sentenced to death and life imprisonment in accordance with the new law can be fined when the severity of the offense,the application of the system is retroactive;The corruption and bribery crime before the life imprisonment system promulgated which should be sentenced to death immediately and does not meet the conditions of life imprisonment,the application of the system is not retroactive;The corruption and bribery crime before the life imprisonment system promulgated which was sentenced to suspended could adapt to his crimes,the application of the system is not retroactive.The implementation of the life imprisonment system does not mean that corrupt offenders have been in prison with the whole life.If there was a significant meritorious service during probation,"life imprisonment" can be changed.Prison maintenance costs and other issues have to be considered with the promulgation of the system of life imprisonment.The term of imprisonment of corruption bribery criminals could get longer,the number of prisoners is more than ever,and It is a challenge to the original management and education system.So I think that should make full use of the implementation of the new law of the buffer period,perfect the way of encouragement,to reduce the pressure on the number of prisoners brought about by life imprisonment and the burden on the prison.