Discussion On The Nature Of Life Imprisonment In China's Penalty System

Life imprisonment is the innovation in our criminal legislation,can decrease the number of death penalty,recover the gap of the life sentence and free penalty,even have a great affection in our country's punishment system reformation.How to rational know and apply life imprisonment is the important project in academia and practical circle,while the nature of life imprisonment is a point to break through the question.At present,there are three theories about the nature of life imprisonment.The mainstream theory is executive measure theory,it conforms with our country's punishment system category and make the system stay stability.The theory conforms with the inner logic of criminal law and maintain the harmonious on expression,standard and history logic.Lastly,the theory conform with legislative intent.The theory of independent kinds of punishment is the mainstream theory before ninth criminal amendment came out,now it was abandoned.As independent kinds of punishment,life imprisonment has a great value,it can resolve recidivism and violent criminal,the interdisciplinary judicial application problem around by the principle of "the death penalty does not extradite” and pave the way for abolishing the death penalty.Intermediate punishment is an innovation,offers new thought for apply the life imprisonment,but the theory has shortcomings,such as confusing concept,single standard,expand the scope of life imprisonment.The nature of life imprisonment affect its specific position in our country's punishment system,there are three theories in academic.Alternative measures to death penalty is the dominant view,specifically,the alternative is judicially,while there is a argument about the theory's rationality.Special postponed death sentence theory have rational on some degree,life imprisonment is the executive measure of postponed death sentence,enrich the system of postponed death sentence.Special life sentence theory,life imprisonment have little differences with life sentence,especially on the concept and the way of executive,while our country's life imprisonment is not traditional life sentence.