The Research On Life Imprisonment

China's Criminal Law Amendment(IX),for the first time in China's basic law level,sets "life imprisonment" as an attached penalty measures of death penalty with a reprieve.As an additional measure of the implementation of the death penalty,the "life imprisonment,no commutation or parole shall be applied" provision brings up a real life-long imprisonment in our criminal law.As a kind of free punishment,some scholars are encouraged by their establishment,take it as a milestone that our criminal law is adapting to the global trend of abolishing the life penalty and body punishment.While some scholars criticize it as an " emotional legislation" for trying to ingratiate the sentiment of the crowd.Compared with foreign life imprisonment,the setting of life imprisonment in the Amendment(IX)has its own distinctive characteristics in terms of the scope of application,the conditions of application,the discretionary punishment and so on.To promote the original intention of life imprisonment,it is necessary to have a better understanding of the development process of life imprisonment,as well as the idea and value behind it,and it is important that to make our current legislation as the basis of our discussion.The first part of this article first conducted a historical investigation of life imprisonment,affirmed that life imprisonment as a kind of free punishment,especially as an alternative punishment of death penalty,has positive influences in the history.On the basis of the historical investigation of this institution,different types of life imprisonment in the history have been reviewed,so as to obtain a further understanding of life imprisonment.The second part affirmed the necessity of introducing the penalty system to our country.The conclusion is based on the discussion of the theory of penalty and the practical experience of foreign countries and their legislative background.The third part is the analysis of the system of life imprisonment on the current criminal law of our country,which mainly focuses on applicable conditions,the validity of time and the adjudication of punishment.This part begins with the analysis of the application of life imprisonment in China,the analysis of applicable conditions,and clarifies that the system of life imprisonment in our country applies not only to corruption,but also to bribery,though there are disproving opinions.The question of the validity of time of life imprisonment is the retroactivity of the system.The issue is not only necessary to comply with the doctrine of observing old laws and new ones when with lighter punishment,but also involves the adjustment of our country's legislation on the conviction and sentencing standards for corruption and bribery.Some holds that it used to be consisted of death penalty with immediate execution and death penalty with a reprieve,and now it is consisted of three,adding death penalty with a reprieve(with life imprisonment).While life imprisonment is but a special measures imposed on death penalty with a reprieve when certain situations are fulfilled.Although the death penalty with a reprieve(with life imprisonment)will actually squeeze the death penalty with immediate execution,it doesn't mean that it is those which should be sentenced to death with immediate execution that changed to be sentenced to death penalty with a reprieve(with life imprisonment).The judgment should be made based on nulla poena sine lege and the principle of suiting responsibility and punishment to Crime.Referring to implementation,examinations have been made mainly on the conflicting results resulted from major meritorious service during the execution of the death penalty with a reprieve and the major meritorious service after the sentence has been reduced to death penalty with a reprieve(with life imprisonment).