Research On Life Imprisonment

The research on the problem of life imprisonment,whether in the past and present,or abroad and at home,the researchers are not a few,there are a lot of academic achievements.And the perspective of the general focus on the relationship between life imprisonment and the death penalty system,as well as the abolition of the death penalty on the life imprisonment system should play a role,etc..With the implementation of the amendment of the criminal law "Nine",in which the criminal provisions of article forty-fourth for major corruption cases sentenced to death for life imprisonment without parole and commutation,once again raised the interest about the theory for life imprisonment system.Supporters think the revision of the criminal law system will be added to the life imprisonment penalty system,to consummate the structural defects of our existing system of punishment and the system in the process of abolishing the death penalty in our country,which will play an important significance in Chinese penalty system that exists punishment is too light and the structure defects of the death penalty is too heavy.The system of commutation and parole are even sentenced to death with a two-year reprieve,there may be only twenty-five years in prison,but because of the immediate implementation of the death penalty system has not been abolished,which resulted in the structural defects.So will the life imprisonment system into the penalty system,which can solve this problem to a certain extent;however,the question of the legitimacy of life imprisonment system exists in the penalty system and the rationality put forward the institutional limitations in scope of major corruption cases committed in question sentence.Skeptics point out that the amendment of criminal law"nine"limit the life imprisonment system in article 383rd of the crime of corruption and bribery,rather than the general provisions of the criminal law punishment theory.At the same time,the provisions of the fourth paragraph of article 383rd of the criminal law,combined with the overall trend of Chinese current anti-corruption system,life imprisonment is more legislators in increasing the punishment of the crime of corruption and bribery,it is difficult to rise to the height which correct the defects of our penalty structure.And it is only a matter of making such judgments only from one of the provisions of the amendment.As part of the general provisions,the changes are interlinked,legislative action should also need more careful and rigorous,it is difficult to determine the life imprisonment system in the system of legitimacy and rationality.The existence of these different understanding about life imprisonment system is the basic problems of life imprisonment,in the article I will also analyzes the problems of in-depth understanding,more systematic and comprehensive combing and analysis,which will combined to the relevant materials for this series of questions put forward their own understanding and view.The author mainly analyzes four aspects of life imprisonment:The first part is mainly from the general overview of life imprisonment.The definition of the concept is the basis for the further understanding and analysis of the above problems.Therefore,the author in the first part of the article firstly defines the concept of life imprisonment system,and combine with the current theoretical circles,which have been identified on the understanding of the definition of the analysis,lay the foundation for further analysis.After the analysis of the first two questions clear,the author tries to analyze and summarize the attributes of life imprisonment and punishment on part of whether it belongs to the penalty system,refer to the theory of the two problems discussed,the author will express his understandings and views.In the second part,from the perspective of comparative law,the author uses the comparative study of legal methods,refering to the experience of foreign life imprisonment system to analyze and understand the life imprisonment system.According to study the classification of life imprisonment with foreign carding and analysis of the related content,then gradually in-depth implementation of life imprisonment system in foreign countries for its own criminal penalty system,and a series of influence,the author wants to summed up the life imprisonment system value in the implementation process of practical experience.Taking into account the current structure of the penalty,and the corresponding optimization problems,the combination of the experience of foreign practice is an effective way to solve the above problems.It is also a useful attempt to discuss the optimization of the existing penalty structure from the perspective of life imprisonment,which is great a significance to sum up the views of.the theoretical circle.The third part will analyzes life imprisonment system in the law mainly from the perspective of the application.The advantages and disadvantages of the system and the possible problems can be gradually revealed only by continuous application,and an effective way to strengthen the system is to make full use of it possiblly.With the deepening of anti-corruption work,some major corruption cases also began to enter the trial program,the analysis on issues related become more vivid and profound,which also raises some valuable questions.The amendment of the criminal law "nine" in the application process will undoubtedly face criminal retrospective effect,because our country about the retroactivity of criminal law is a "from the old and lighter" principle,so here will related to the relationship between the death penalty and life imprisonment system again,which is also the focus of academic discussion.Considering the amendment to life imprisonment regulations,relateion about the implementation is also worth to explore,and it need to be solved about how to optimize the prison system management problems and how to balance the justice of legislation in the implementation process and the cost of the contradictions and problems.I will make a summary in combining theoretical views with practical opinions.The fourth part is used to analyze possibility in consummating life imprisonment,and give author' s suggestion,which is setting life imprisonment as a statutory sentence,expanding the scope of application of life imprisonment and making life imprisonment as an alternative to death penalty.The fourth part of the article is based on the three parts of the three problems mentioned above some understanding and analysis,concern the future about the life imprisonment system in China,and author hope it can make sense in abolishing the death penalty and optimizing our penalty system.