Investigation Of Life Imprisonment In China

Life imprisonment developed from modern freedom punishment.In 1764,in the book on crime and punishment,Beccaria,the originator of western law,proposed the abolition of the death penalty and replaced it with hard labour for life,and life imprisonment has attracted much attention ever since.Before the introduction of the criminal law amendment(9),many scholars in China have interpreted the relevance between life imprisonment and death penalty substitution measures,which caused the controversy related to the abolition of death penalty in China's criminal law scholars also high on the hot list.Nowadays,the criminal law amendment(9)introduces the system of life imprisonment into criminal law for the first time,and defines the legal status of life imprisonment in the form of legal provisions,which is a newly created penalty discretion system for criminal law in China.In recent years,China has not stopped the pace of reform of the penal system.In the process of constantly improving the rule of law,our criminal policy and legislative ideas are constantly changing.Since the reform and opening up,whether in criminal legislation or judicial practice,China's penalty system has been striding towards a modern penalty system of humanity and civilization.It is precisely because of the introduction of life imprisonment as a new penalty discretion system in the criminal law amendment(9)that the author thinks about this system.This article uses the comparative analysis method,through the query related literature,on the basis of understanding the origin of life imprisonment in the west,starting from the background and purpose of the application of death penalty restriction in China,introduces the life imprisonment system as an alternative measure of death penalty,analyzes the relevant concepts and properties of life imprisonment system;Secondly,it analyzes the current situation of the life imprisonment system in our country in legislation and judicature,as well as the existing problems and practical difficulties of the life imprisonment system in our country: the conditions for the application of life imprisonment in our country are not specific,the scope of application is narrow,and the implementation is not flexible.At the same time,the author compares the application of extraterritorial life imprisonment system.We can learn from some experience of China's national conditions and relevant policies.Finally,combined with the relevant experience of the extraterritorial life imprisonment system,the author puts forward some suggestions on perfecting the life imprisonment system in China: to refine the applicable conditions of life imprisonment,to expand the scope of life imprisonment,to create life imprisonment relief methods and so on.In China's current reform of the penalty system,life imprisonment not only conforms to the criminal policy of " careful use of death penalty",but also can effectively make up for the defects of the current penalty structure of " life punishment is too light,death penalty is too heavy".The criminal law amendment(9)makes life imprisonment have a seat in the penal system of our country.In short,the introduction of life imprisonment into China's penal system is conducive to the construction of contemporary penal system,and promote the construction of the rule of law in China.