The Research On Life Imprisonment In China

“Criminal Law Amendment(ix)” increase in corruption,set for the amount is especially huge,and causes the great losses of special criminal was sentenced to death after probation,the people's court may discretionary in commuted to life imprisonment after the end of the probation period,apply to life in prison,commutation and parole is not allowed.In the case of rampant corruption,it is an inevitable part of the current state governance to crack down on officials and punish corrupt officials.The addition of life imprisonment to the public opinion,and once again to the corrupt officials sounded the alarm bell.Life in prison in a foreign country is already a long time,but in our country still a "baby" in infancy,so the value of life in prison in Chinese criminal law,how to apply in practice,how do the nature such as a series of problems still need further discussion and thinking.As a new criminal law system,it should be studied in combination with China's national conditions,rather than copying the foreign policy of life imprisonment.In qualitative aspect,most of the existing theory to life in prison for the nature of the confined to its attachment to the death and life imprisonment,life imprisonment is proposed implementation methods,methods of execution and so on,in addition also has the mitigation says,the death penalty alternative measures such as the unique theory.But no matter which view,can't and in our criminal law provisions of the applicable time conditions of life in prison,crime condition and declaring the punishment,even many doctrines on the premise that damage to the ladder of punishment in our country.According to the provisions of the criminal law in our country at present,as well as to the whole criminal law system of comprehensive consideration,life imprisonment shall be as a sentencing system,which won't destroy our country criminal law the original qualitative theoretical foundation and punishment ladder,better for the next step is also applicable to life in prison in China laid a foundation.Life imprisonment system conform to the trend of the anti-corruption,also solved many scholars put forward to some extentbetween the death penalty and punishment "vacuum",but in its present state,indeed,there are some disadvantages,such as the problem on the legislative process,the violation of the basic principles of criminal law and run counter to the our country penalty purpose,etc.Therefore,do more strict legislation to deal with life in prison,as a sentencing system in Chinese criminal law,and the serious crime of endangering national security,crime of endangering public security,and violent infringe on their citizen's life,health,crime,and set up a strict system of commutation,and regulatory measures after prison.