The Study On The Institution Of Life Imprisonment In China

The existence of life imprisonment has its positive value and significance.However in China we do not have life imprisonment legislation,our national are fuzzy about the definition,nature and value of life imprisonment.even I do not know,but most are in the theoretical circles around the reprieve system perfect or death penalty alternative in the context of referring to life imprisonment,which is studied less.When life imprisonment was adopted into China's criminal law,it opened a new world for the development of criminal law.However,the introduction of any new law will not be accepted immediately,and its functions will not be immediate obvious.It will take a step-by-step process.Therefore,the author intends to discuss and analyze the institution of life imprisonment from four parts,so as to make people understand and know the rules of life imprisonment.The first part is an overview of life imprisonment.First of all,introduce the concept of it.Mainly clarify the expression of the term as well as the explanation of the concept of life imprisonment from some countries..Secondly,introduce the current situation of legislation in the oversea countries,that is Britain,the United States,France's and Germany emergence and development process of life imprisonment;Thirdly,classification,pointed out that the type of China's "criminal law" the addition of life imprisonment is not the commutation and parole of life imprisonment.The second part expounds the legislative background and rationality of the addition of life imprisonment in china.First of all,the legislative background of China's addition of life imprisonment,mainly from the world to the legislative trend of abolishing death penalty,criminal law anti-corruption policy requirements,chaos in the execution of punishment,the international judicial cooperation needs these four aspects;secondly,in view of our additional life imprisonment the rationality of the analysis,points out that the lifelong the positive value and significance in prison for the crime of bribery and corruption.The third part studies on the thoery of the additional life imprisonment in the crime of corruption and bribery in China.Mainly from the legislative level,judicial level,the system of punishment,communication and punishment of these four aspects to expound of life imprisonment.The fourth part is the further improvement and suggestions of our country's life imprisonment.In view of the lifelong imprisonment of corruption and bribery crimes,the existing provisions need to be refined and life imprisonment,in the future development of the two aspects of the recommendations are discussed,and put forward measures to improve and give reasonable recommendations.