The Study Of Life Imprisonment In China

Life in prison in a foreign country has a relatively long history,but in China,is a relatively new things,but it is not a new penalty system,which can only be described as a kind of punishment measures,is not alternative measures to death penalty,the death penalty gradually withdrew from the stage of the punishments in China do not need life imprisonment to replace.The life imprisonment of our country is a special penalty execution measure under the socialist system,which is rich in Chinese characteristics.Indeed,the emergence of life imprisonment is not accidental,but the embodiment of the social development,the progress of legal system,but the emergence of a legal system to perfect the didn't happen overnight,but to experience a process,in the process,must constantly make up for the defects,constantly discover and use of its advantages,make it play a proper role for social development.This paper is divided into five parts,the first part is the summary of life imprisonment,and discusses the origin,concept and classification of life imprisonment respectively.At the same time,the author classifies the life imprisonment of our country as absolute life imprisonment,servitude sentence life imprisonment,unalterable life imprisonment.Then,the author discusses the legislative status of life imprisonment in China from two aspects: legislative background and significance.We should see that the establishment of life imprisonment has great significance in punishing corruption and effectively reducing the application of the death penalty.The second part focuses on the legal position of life imprisonment in China.The so-called "life imprisonment" in China is a popular term for "not commutation and parole",which is different from the life imprisonment system abroad,and is not an independent criminal.At the same time,it is attached to death,and in that sense it should be part of the death penalty.So how can a life sentence as part of the death penalty be an alternative to the death penalty? At the same time,we should realize that life imprisonment is not an execution measure of life imprisonment,but a special execution measure.The third part mainly discusses the application of life imprisonment in judicial practice.In our country,life imprisonment is only applicable to embezzlement and bribery crimes,and it cannot be extended to the standpoint of humanitarian and alleviating the pressure of the state prison system.In addition,life imprisonment is made under the premise that "the death penalty can be executed immediately",with specific and relatively strict application conditions.At the same time,was sentenced to life in prison for criminal cannot use regulations on temporary execution outside prison,but according to the provisions of the criminal law in our country,if the criminal in the suspended test period has significant meritorious service,can be reduced to 25 years in prison.The fourth part mainly discusses the legislation trend of life imprisonment.In the near future,the legislature should take to transform it into a special penalty system as the guidance,to transform it into with immediate execution,the death penalty with suspension of execution can and make a special system of execution.Moreover,in order to embody the principles of humanitarianism,we can also introduce the advanced experience of extraterritorial law,and make "pardon" as the way to go out of prison for the criminal sentenced to life imprisonment.The fifth part is the conclusion.The author makes a summary of the research results in this paper,and briefly analyzes some deficiencies in this paper.