The Theory Of Life Imprisonment System In China

The life imprisonment system is translated from the western "life imprisonment".In2015,China's criminal law amendment(nine),the first article of the life imprisonment for the first time in China's legal provisions of the 383 rd,The life imprisonment system is divided into life imprisonment and life imprisonment with out parole.The system of life imprisonment in our country is a life imprisonment,which is applicable to the crime of corruption and bribery.This article begins with the origin of the system of life imprisonment,and compares the foreign life imprisonment system with our country.This paper analyzes the present situation and controversy of the system in China,and puts forward some suggestions on the perfection of the system.The thesis consists of four parts.The first part is an overview of life imprisonment system.This paper introduces the concept,characteristics and types of the system.Starting from the origin of the system,Beccari at he first proposal to abolish the death penalty.In different countries,there are probation,parole life imprisonment system.In addition to the views of other countries.It also introduces the system of life imprisonment,which cannot be suspended or parole,and the relationship between the system and life imprisonment.Finally,it introduces the types of life imprisonment,Life imprisonment with parole and life imprisonment with out parole.The second part is a comparative study of life imprisonment system.China's life imprisonment system has just started,having many deficiencies.The life imprisonment system in western countries is relatively mature,through the comparative study of the legal system related to the life imprisonment system in European countries and the United States.Learn from their advantages,and further improve the system of life imprisonment.The third part introduces the different views of life imprisonment system and its existence in China.The relevant legal norms of life imprisonment system in China are few.So far,there are only three cases of life imprisonment.This part mainly introduces the first person "BaiEnpei" of life imprisonment.It also introduces the case of WeiPengyuan and DingTieyi sentenced to life imprisonment.The establishment of life imprisonment system has caused a lot of controversy in our country.Some people think that the system has played adeterrent to corruption,reflecting the government's determination to meet the needs of the people,but also to comply with the trend of the abolition of the death penalty in the world.Others argue that the system is too cruel to deprive criminals of hope and human rights abuses.Different views can collide more sparks,to better promote the development of life imprisonment system in China.The fourth part describes how to improve the life imprisonment system.This part is the focus of this paper.They are the perfection of legislation,the perfection of judicature and the perfection of safeguard measures.More laws should be setup.Judicial interpretation should also be more and more.