Study On Life Imprisonment In Chinese Criminal Law

"Criminal law amendment(nine)" added measures of life imprisonment for serious corruption and bribery crime caused big attention of social public.The academic circles also have a heated discussion.In the past,the debate on the life imprisonment system was mainly based on the position of abolishing the death penalty,which is obviously inappropriate.Therefore,to the existing system,on the basis of accurately knowing its institutional meaning and the nature of rational cognition,through more precise thinking and in-depth argumentation,we try to find out its existing problems and through responsible analysis make it more and more perfect and give full play to its function and value.It's more practical.This thesis includes four sections.In the first part,we define life imprisonment in our country.Firstly,the meaning of life imprisonment in our country is clarified by analyzing the provisions.Then,through a comparative analysis of the theories,it is confirmed that life imprisonment is a special measure of punishment and execution only applicable to certain corruption and bribery crimes.Furthermore,we can distinguish between the life imprisonment of our country,life imprisonment,death reprieve and limited commutation of sentence.The second part analyzes the application of life imprisonment in China and its problems.List the four cases in which life imprisonment has been imposed,and compare the age of the offender,the time of commission of the crime,the amount of the crime and the circumstances of the crime.The problems of life imprisonment at the legislative level are as follows:The lack of clarity on the issue of significant Meritorious service;Lack of mechanisms for reintegration;The scope of application is too narrow.Problems at the judicial level: The issue of traceability is controversial;Insufficient clarity in the criteria applied;Increase pressure and cost burden on prison supervision;The issue of the ageing of the prison population will gradually become apparent.The third part introduces the foreign life imprisonment system and its enlightenment.This paper introduces the legislative provisions on life imprisonmentin the common law countries,represented by the United States and France and Japan,and summarizes their successful experiences.On the other hand,most of these countries provide a route to reintegration for life imprisonment.The fourth part puts forward some suggestions to improve life imprisonment in our country.According to the problems raised in the second part,corresponding suggestions are put forward at the legislative and judicial levels.At the legislative level: Identify the impact of significant Meritorious performance;Establish the system of request for pardon gradually;Reasonable extension of life imprisonment.At the judicial level: Clarity on the traceability of life imprisonment;Clarify the criteria for the application of life imprisonment,such as the quantitative level and the precise circumstances;Optimizing the prison regime;We will improve safeguards for the elderly.It is expected that life imprisonment will bring into play its unique value on the basis of perfecting various deficiencies.