| The amendment to the criminal law(ix),adopted in August 2015,and increases the provisions for life imprisonment for serious and extra-large corruption and bribery crimes.According to the regulation,corruption and bribery crime amount is especially huge,if the circumstances are especially serious criminals sentenced to death,the court according to the circumstances of the crime,etc.,can be decided at the same time in the suspended commuted to life imprisonment after the expiration of two years to life in prison,commutation and parole is not allowed.This is the first time in China's criminal law to establish a system of life imprisonment for serious and serious embezzlement and bribery crimes.On April 18,2016,the interpretation of several issues concerning the application of applicable law in criminal cases of embezzlement and bribery was further clarified and the applicable principles and applicable standards of the system were further clarified.In October 9,Henan Anyang city intermediate people's court of first instance verdict on Bai Enpei bribery case,huge property's unclear source for death makes life imprisonment,makes the case in the judicial practice in China for the first case of life imprisonment.Life imprisonment,as a new penalty execution measure in China's criminal law,has aroused the concern and controversy of the whole society.The life imprisonment of our country is the penalty execution measure that is attached to the execution system of death penalty and the execution system of life imprisonment,as a kind of prison sentence,it has balance and compensative function.Whether in theoretical research or legal practice,it has a broad field of study and unique application value.It is important to interpret the meaning of life imprisonment firstly.Life imprisonment,as a way of execution in western countries,needs to be clarified in the context of Chinese criminal law.The concept of life imprisonment is defined,and the concept of association with life imprisonment is analyzed,and the legal nature of life imprisonment is clarified on the basis of the previous text.Secondly,expound the value appeal and theory basis of life imprisonment.Consider to the jurisprudence of retributive theory and prevention theory,put forward the legitimacy basis of life imprisonment.From the perspective of the function of penalty,it is clear that life imprisonment has three functions: to punish crime severely,to realize the balance of punishment and to safeguard judicial justice.In addition,using the economics Pareto optimality and the Minimum cost principle of the economics of law,the application benefits of life imprisonment are explained from the two dimensions of validity and frugality respectively.Thirdly,clarify the problems of life imprisonment in judicial application.Life imprisonment is only applicable to the crime of corruption and bribery in accordance with the circumstances,and it has the retroactive effect on the limitation of time,and it is clear how to deal with the serious work and the punishment of several crimes in the course of life imprisonment.Finally,the author puts forward the idea of perfecting China's life imprisonment system.This paper expounds the dilemma of life imprisonment in terms of time and space and the single aspect of resources.By analyzing the political and economic factors,puts forward the countermeasures of case guidance system,amnesty system and treatment system.Because of limitations of life in prison in the law expression and portability in sentence structure,must give the necessary in our penal system defined,the improvement of the planning out a feasible path,avoid the polarizing effect,realizes the crime and punishment,legal and economic multi-dimensional balanced. |
PDF Full Text Request