On "life Imprisonment"

The 9th Criminal Law Amendment has increased a provision,that regulated court may declare those who committed corruption with huge amount and serious losses and was sentenced to death penalty suspended for two years life imprisonment without being commuted and released on parole.This is the first time that life imprisonment is regulated into Chinese Criminal Law,which has aroused widespread controversy in the academic community.Someone support it,someone reject it,and someone don not know about it.In this paper,we focus on the "life imprisonment" and the controversy in the academic circles,in order to clarify the legislative value and nature of life imprisonment,and to study the legislation and application of our country's criminal law in the future.First of all,the legislative and judicial status of our country life imprisonment were introduced,with the "criminal law amendment(nine)" the introduction of the legislative purpose of life imprisonment as the background,the special major corruption crime legislation for evaluation of life imprisonment,which has its merits and demerits,and from the dispute and problems in my in the legislation and in the judicial.Secondly,through the comparative analysis of the criminal legislation and justice of foreign life imprisonment,the author determines the nature of "life imprisonment" in our country.China's "criminal law amendment(nine)" in the provisions of the life imprisonment is different from the life in prison,according to the dogmatic of law interpretation according to the existing legislative provisions,it is only death execution mode not independent of the penalty and not security punishment.Finally,through the analysis of the inherent defects of life imprisonment,life imprisonment that cannot be used as alternative measures to death penalty applicable to the expansion of other charges in the conclusion.In addition,the author suggests the day after the abolition of the death penalty of the crimes of bribery and bribery of the abolition to life imprisonment for legislation.The author believes that the future life imprisonment in China can only be used as a serious violent crime and terrorist crimes,which is in line with the trend of China's criminal law reform.