Research On Life Imprisonment System In China

Based on "criminal law amendment(nine)the" life sentence "stipulated in the clause for incision,by consulting relevant literature,comprehensive all kinds of useful information,from the legislative,theoretical basis,practical problems,and outside reference system to solve five aspects analysis of life imprisonment system in China,discusses the practical problems and future development of China's system of life in prison.As the product of the penal structure design of Anglo-American law system,life imprisonment comes from the western free punishment system.Through the understanding of the western free sentence and the study of life imprisonment,this paper sorts out the definition and development context of life imprisonment,and explains it from the perspective of legislation and meaning.Firstly,the article analyzes the applicable characteristics of life imprisonment in the field of corruption crime and bribery crime in China,and makes a comparative analysis based on the relevant concepts.Secondly,it puts forward the specific problems of the application of life imprisonment system in China,which is manifested in three aspects: the defense of punishment,the conflict of punishment and the inherent defects of the system.In the end,the author makes Suggestions on the system solution by referring to the extraterritorial experience.In terms of its legal position,it is suggested that the death penalty should be abolished in China as a time node,and the life imprisonment before the death penalty should be used as a special punishment.The death penalty can rise to life imprisonment as the highest punishment.At the same time,on the basis of the stipulation that no commutation or parole is allowed,the pardon system should be used as the correct exit for life imprisonment.Meet,in the criminal to life imprisonment make classification in the system,improve life in prison for making design,play to life in prison labor camp collective therapy function to improve the level of criminals in the encounter,improve the criminal in the environment,taking the life in prison as a system to support the better.