Study On Some Problems Of Life Imprisonment System

Since the 18 th National Congress,our country has frequently resorted to frequent strikes in anti-corruption work and maintained its high pressure.With the constant deepening of anti-corruption work,a large number of corrupt officials have been arrested and the anti-corruption work has achieved staged results.However,looking at the current social environment in our country,the anti-corruption situation is still quite harsh.In response to this situation,on August 29,2015,the NPC Standing Committee formally passed the Amendment to the Criminal Law(IX),of which Article 44 was amended to punish corruption and accepting bribes.The article pointed out that serious corruption offenders sentenced to suspended execution,the judge according to the circumstances of their crimes,to give their two years after the expiration of the term reduced to life imprisonment at the same time apply for life imprisonment,not commutation,parole.The "life imprisonment of not releasing parole or commutation of commits" stipulated in the "Amending the Criminal Law(IX)" has given rise to a life imprisonment in absolute terms in our free criminal law and intensified the crackdown on corruption and corruption.The life imprisonment system in our country is located between the execution of the death penalty and the two-year suspension of the death penalty.It depends on the system of life imprisonment and only applies to a special punishment method of execution of the crime of corruption and bribery.It is not an independent torture parallel to the death penalty.The purpose of establishing life imprisonment in our country is to implement the criminal policy of slaughtering,cautious killing and using the death penalty with due care so as to reduce the number of death penalty executions immediately and at the same time guarantee the duration of serving sentences for felony criminals.Regardless whether the system of life imprisonment can achieve these goals in the judicial practice of our country,they are all a useful attempt to restrict the death penalty and safeguard social fairness and justice in the field of criminal law in our country.In short,life imprisonment has been established in the criminal law system.Although it has the meaning of compromise legislation,it is actually conducive to thedevelopment of criminal law theory and judicial practice in our country.Due to its own reasons,China’s life imprisonment system has many disputes over its legal position,judicial application and so on,and it can not eliminate these disputes within a short period of time.Therefore,the judicial practice should limit the application of the system.This article is divided into four parts altogether: The first part is based on the case of Bai Enpei,the first case of life imprisonment in our country.It analyzes the reasons for the establishment of life imprisonment in China’s Criminal Law Amendment(IX).The second part compares China’s life imprisonment and Life imprisonment abroad mainly introduces the legislative provisions and their nature of the life imprisonment system in our country,as well as the origin and classification of the system of life imprisonment.At last,it concludes the inspiration to our country from the life imprisonment system abroad.The third part is mainly from the legal Applicable and enforcement perspectives on life imprisonment in our country,the pros and cons of life imprisonment and the existing problems can only be manifested through continuous application and implementation.With the continuous deepening of anti-corruption work,some serious cases of corruption and bribery gradually Entered the trial stage,so the application of the system of life imprisonment and the implementation of the issue of the discussion is particularly urgent,"Criminal Law Amendment(IX)" will undoubtedly encounter in the applicable process of criminal law retroactive incarceration and the object of life imprisonment The issue of implementation is also very worthy of our discussion.In this chapter,I also discuss some disputes on the application and enforcement of life imprisonment.The fourth part mainly discusses the defects and perfection of life imprisonment legislation.The fourth part of the article is based on the former three parts The main concern of this discussion is the improvement of the system of life imprisonment and its future direction,in the hope that the system will play an active role in abolishing the death penalty and improving the penalty structure in our country.