On The Life Imprisonment Of China's Criminal Law

The life imprisonment in the ninth Amendment of Criminal law is neither the republication of the penalty of life imprisonment of foreign countries,nor some kind of death penalty.It is the implementation of the life imprisonment which deprives permanent freedom of prisoners and also features with Chinese characteristics.The life imprisonment responds to the vigorous anti corruption of our country.Since the establishment of the life imprisonment,it has caused a lot of discussion.This article starts from the following parts.The first part is the discussion of the nature of the life imprisonment.Comparing with the penalty of life imprisonment in foreign countries,we know that the life imprisonment differs from the penalty of life imprisonment and it also does not belong to the category of death penalty.In this part,the author believes that the life imprisonment is the implementation of the life imprisonment which deprives permanent freedom.The second part analyzes the life imprisonment system theoretically.The life imprisonment is the implementation of the life imprisonment which deprives permanent freedom,so we begin from this nature.Then we analyze it through its purposes of prevention and retribution.Finally,we discuss whether the design of the life imprisonment is consistent with the tendency of penalty mitigation or not.The third part is about some legal problems.The life imprisonment does not follow the legal procedures,and lacks reasonable content and collides with previous legal provisions.The fourth part is some thoughts about the life imprisonment.In consideration of the role of life imprisonment in greatly reducing the implementation of the death penalty,following things can be done in order to make full use of it.On the one hand,we need to define the nature of life imprisonment and adjust the judicial application.On the other hand,we can detail the procedures and make commutation and parole available.