On The Improvement Of The Life Imprisonment System In China

Life imprisonment at home and abroad criminal law academy do not have a unified and definite concept,through that it refers to the deprivation of criminals lifelong freedom and imprisonment in a certain place of punishment,its nature is free punishment.Life imprisonment as an alternative to the death penalty,the first by the Italian criminal classical school founder Beccaria proposed in the "" DEL DELITTI E DELLE PENE " " in a book,criticized the death penalty system,advocated life imprisonment as an alternative to the death penalty.After more than 100 years of development,life imprisonment system in the West and the whole world have been widely used.In the history of the development of our penalties,there is no relevant stipulation on life imprisonment.The system of life imprisonment is introduced into China as an exotic article,and it has attracted wide attention from scholars in our country.In the past,the discussion of life imprisonment was based on the position of replacing the death penalty.China has implemented "Criminal Law Amendment(ix)" on November1,2015,in which article 44,paragraph 4,creatively creates a system of life imprisonment,at which time our country defines the status of life imprisonment in the form of law.On the current legislation,our life imprisonment is not a new type of punishment,nor is it an alternative to the death penalty or the abolition of the death penalty transition measures,but only applies to the death penalty was imposed on the implementation of the heavy corruption bribery criminals in accordance with the law Reduced to a special penalty after the execution of the sentence.Life imprisonment as a new system,in our judicial practice there is a positive value.It is not only conducive to make up for corruption and bribery crime,"the death penalty is serious,the life is light" the penalty structure defects,but also conducive to crack down on the operation of the crime of corruption norms and to avoid "wrong kill,manslaughter" phenomenon,more effective Reduce the actual use of the death penalty,but also for China's foreign judicial assistance and the abolition of the death penalty to provide new impetus.However,any system can not be perfect,so the life imprisonment system inevitably there are various deficiencies.First of all,from the legislative point of view,"Criminal Law Amendment(ix)" provides that the application of the standard is not clear,such as the amount of crime is not clear,the crime situation is too vague abstraction.And our country's life imprisonment system lacks the mechanism of returning to society,and only applies to specific corruption and bribery crime,the scope of application is too narrow.Second,from the judicial point of view,as prisoners do not see the opportunity to regain freedom,rather than seriously accept the education reform,and even take a series of extreme behavior,greatly increasing the pressure of prison supervision and implementation.At the same time with the operation of life imprisonment system,prison prisoners aging problem will become increasingly prominent.And the prison for the realization of the education of prisoners,need to invest a lot of national resources,an increase of the cost of the prison.This requires us based on our specific situation,and learn from Europe and the United States on the excellent experience of life imprisonment,the implementation of life imprisonment in China put forward their own suggestions.First of all,in the legislation,should further clarify the applicable standard of life imprisonment,improve the remedies for life imprisonment,and strictly limit the application of the death penalty on the basis of the appropriate expansion of the scope of life imprisonment.Second,in the judiciary,China needs to improve the prison supervision and management system and the old prisoners of the safeguards,but also need to optimize the prison cost savings.Only in the future judicial practice in order to maximize the play should be the positive value,to promote China's penal system reform and the rule of law.