Life Imprisonment: Thinking About A Chinese Issue

Life imprisonment has been more than 100 years of history, it has been playing abroad, the most severe or severe second only to the death penalty of the role of punishment, is one of the world’s mainstream penalties. Before the introduction of the Criminal Law Amendment Nine, our scholars have been discussing the way to the abolition of the death penalty in our country. The term of imprisonment in our country is discussed as a punishment for the death penalty after the abolition of the death penalty. After the promulgation of the Criminal Law Amendment Nine in 2015, life imprisonment was first imposed as a special provision for corruption and bribery. Our country has clearly defined the concept of life imprisonment by law. 2016 BaiEnpei’s case is also the first time for life imprisonment for this penalty. This institutional innovation has aroused great discussion in academia. Throughout China’s decades of history of penalty change, in the process of modernization of our legal system, the concept of punishment changes with the development of the times. Especially after the reform and opening up, China’s legislative ideas, criminal policies and so continue to modern humanitarian concept in line, the implementation of penal measures are constantly updated, become more respect for human rights.The first chapter of this article from the "Criminal Law Amendment (Nine)" the introduction of life imprisonment to start, explain the background of life imprisonment in China, a clear criminal law in the concept and nature of life imprisonment, delineation of the concept of foreign life imprisonment, In this article,a concept of life imprisonment is defined.The second chapter describes the global application of life imprisonment,divided into the abolition of the death penalty after the death penalty as a measure and as an independent criminal investigation of two cases, enumerated in many countries around the world for life imprisonment and the change from the concept of punishment to start, To discuss the current controversy on life imprisonment - life imprisonment is the existence of waste, life imprisonment can not replace the death penalty. In view of this problem, this paper concludes that lifelong imprisonment is always one of the world’s mainstream penalties under the influence of the new penalty concept. Even if life imprisonment has its drawbacks, it is the first choice to replace the death penalty at this stage. The impact of the concept of punishment, the absolute life imprisonment is experiencing the relative change of life imprisonment, which is of great significance to our country.Chapter 3 is based on the debate on whether life imprisonment can replace life penalty for life imprisonment. It is concluded that the shortcomings of life imprisonment are undeniable. However, in the context of reducing the application of the death penalty in our country, life imprisonment will expand the applicable surface and enter China’s criminal law, and can be commuted, parole of life imprisonment together to assume the emphasis on this part of the mission of this sentence, in addition to life imprisonment in the future to independent criminals into China’s criminal law after the subject of the subject and the current life imprisonment The adjustment gives the program that minors, women and older persons over 75 years of age are not suitable for life imprisonment and that if life imprisonment is applied, the offense of life imprisonment should be reduced to better co-ordinate with life imprisonment Constitute a gradient of appropriate penalties.In short,the life imprisonment system for the first time into a significant significance, it makes up for the death penalty between our death penalty and life imprisonment, to build a reasonable ladder of the penalty structure for China to explore the abolition of the death penalty has taken the first step, is conducive to our rule of law The construction is a significant change.