Theory Of "Life Imprisonment" In China's Criminal Law

The "Criminal Law Amendment(nine)" created the system of "life imprisonment".The theories of the legal nature of the "life imprisonment" mainly include the doctrine of the type of punishment,the doctrine of the middle penalty,the doctrine of the implementation measures(methods),etc.This article holds that "life imprisonment" is a special form of application of the suspension of death penalty.According to the provisions of the criminal law of China,"life imprisonment" is only applicable to the crime of corruption and the crime of accepting bribes.Being sentenced to suspension of the death penalty is the precondition for the application of "life imprisonment".The crime circumstances and other circumstances that are in compliance with the law are the key conditions.However,the interpretation of supreme court on effectiveness of time of Amendment nine breaks through the principle of application of the old law with the exception of a lighter punishment in the new law.The perpetrators who have been declared "life imprisonment" may apply the provisions of significant meritorious service during the execution of suspension of death penalty.After entering the period of life imprisonment,the criminals must be imprisoned for life and may not be commuted or paroled.The value of introducing "life imprisonment" for corruption and bribery crimes includes:(1)responding to the national anti-corruption criminal policy,aggravating the punishment of corruption crimes and bribery crimes;(2)carrying out the principle of "less killing,careful killing",preparing for the abolition of the death penalty of corruption crimes and bribery crimes;(3)conforming to the requirements of international extradition cooperation,safeguarding China's judicial sovereignty.The drawbacks of the introduction of "life imprisonment" include:(1)to a certain extent,violating the basic principles of the criminal law;(2)being not in conformity with the justification of criminal responsibility;(3)being confused with the expression of "life imprisonment" in the general provisions of the criminal law.It is necessary to set up alternative measures for death penalty in our country,but life imprisonment without commutation or parole is not suitable to be an alternative measure for death penalty.This paper holds that "life imprisonment" will end its life at some point in the future with the adjustment of criminal policy or penal system.Before the abolition of "life imprisonment",the application of "life imprisonment" should be minimized to reduce the penalty consequences of its own defects.At the time of the abolition of "life imprisonment",suspension of death penalty should be adjusted appropriately and the implementation system of the current life imprisonment should be reformed.After the reform,the execution system of life imprisonment will become a new alternative measure to death penalty,which will eventually promote the complete abolition of the death penalty in China.