The Research Of Life Imprisonment Without Commutation And Parole In Criminal Law

Life imprisonment is known as one of the penalties in Chinese criminal law.But due to the adoption of the commutation and parole,a man who was sentenced to life imprisonment will usually be reintegrate to society after 13-15 years' execution.In another word,the life imprisonment execution term,in practice,is a limited period instead of a life time.Therefore,life imprisonment draws a great contrast with death penalty which can deprive criminals of life.According to this,some scholars put forward that the penalty structure of current criminal law bears the defect as“the death penalty is too heavy while the other punishment is too light”.In order to remedy the defect also accelerate the abolition of death penalty,life imprisonment without commutation and parole comes into being.The specific stipulation can be seen in the 4th paragraph of article 383 of the Criminal Law,which provides that depending on specific situations,court may declare those who committed serious corruption and was sentenced to death sentence with a reprieve life imprisonment,without commutation and parole.Moreover,according to article 386,the punishment of bribery is in accordance with the provisions of corruption.So life imprisonment without commutation and parole can only be applied to corruption and bribery.This is the first time that life imprisonment without commutation and parole is legislated as a method to replace the death penalty.Meanwhile,it demonstrates the government's determination and perseverance to punish corruption.But its legal nature and specific application are not illustrated in detail at all,which has aroused heated discussion in all walks of life.This article can be divided into four chapters.The first chapter defines the meaning of life imprisonment without commutation and parole,introduces the relationship between life imprisonment and the above-mentioned life imprisonment and briefs its concept and value.The article holds that life imprisonment without commutation and parole in China is not a kind of independent punishment,but a way of penalty execution,an inevitable result of life imprisonment in which condition that a criminal does not get commutation or parole.The second chapter makes an analysis of the existing views on the necessity of life imprisonment without commutation and parole in China,and concludes that there are mainly two views—positive and negative.Then this article expounds its reasons for the establishment from three aspects— the purpose,the criminal policy and the alternative measures of death penalty.And holds the opinion that it increases the punishment effect and general prevention effect on the crime of corruption and bribery,which is in line with the criminal policy of combining punishment with leniency.Meanwhile,it is also a common choice of the society to replace death penalty.The third chapter analyzes the judicial application of life imprisonment without commutation and parole.Taking the Bai Enpei case as the breakthrough point,this article mainly studies the time validity,the application conditions and the possibility of the application of commutation and parole.Firstly,the time validity,this article affirms the life imprisonment without commutation and parole as a way of penalty execution which can apply the principle of applying the former and the light,and analyzes the relevant judicial interpretation.Secondly,the analysis of application condition mainly describe from three aspects—object condition,crime situation and punishment measurement.Finally,the article points out that criminals during the suspension period of execution can reduce to 25 years imprisonment because of major meritorious services,while those who is sentenced to life imprisonment shall not be commuted and on parole.The fourth chapter indicates some flaws in legislation and puts forward three suggestions.Firstly,the relationship between life imprisonment and life imprisonment without commutation and parole should be redefined.Secondly,adding a clause to general provisions of criminal law is necessary.Thirdly,some relief ways shall be increased.