Applicable Plight Of The Life Imprisonment And The Solution Of It

Criminal Law Amendment IX is a major revision of the criminal law since the promulgation of Criminal Law Amendment VIII in 2011.Every revision of the law is a reflection of real life to reflect the adjustment of the value orientation of legislators to specific problems.Life imprisonment is a new content of Criminal Law Amendment IX against corruption and bribery crime,which is designed to increase the crackdown on major crimes of bribery while reducing the death penalty and using the death penalty policy with caution.Although the system of life imprisonment has been established in Criminal Law Amendment IX,there has been widespread controversy from legislative consideration to the pass and implementation of this system.For whether the life imprisonment system should be created,there was great divergence in the legislative consideration among committee members.In addition,the first two deliberations did not mention the contents of life imprisonment and life imprisonment was imposed during the third review temporarily,the procedural flaws of the legislation attracted more questions and disputes.As a reprieve execution mode,life imprisonment is facing multiple difficulties of unknown applicable criteria,complicated time effect problem and lack of legislation in relief channels.It could be seen from the perspective of legal methodology to reassess the future of life imprisonment in C hina that on the theoretical level,the life imprisonment system deviates from the criminal law of the protection of human rights,breaks through the limits of the balance between crime and punishment,and goes against the principle o f modesty of criminal law.On the practical function level,the function of the system as a substitute for the death penalty is limited and it does not accord with the principle of economic benefit,which will lead to waste of judicial resources easily.Therefore,it is necessary to find a substitute for life imprisonment under the existing penalty structure.In view of the inherent identity of unlimited imprisonment and life imprisonment,life imprisonment shall be abolished to internalize the reasonable connotation of life imprisonment into the penalty of life imprisonment with adjusting the life imprisonment as the reform ideas.At the same time,the property punishment should be improved to increase the penalty status of property punishment.This could not only ensure the stability and unity of the penalty system,but also make a series of difficulties faced by the current life imprisonment be properly resolved.