Study On The System Of Life Imprisonment In China

Life imprisonment is widely applied in foreign countries.A very mature system has been formed,which is the most severe punishment for most countries to fight serious violent crimes.Today,with the increasingly serious corruption problem,the criminal law amendment nine has established life imprisonment in the serious crime of corruption and bribery.Life imprisonment is still a new thing for our country.In view of the policy of careful use of the death penalty in China and the problem of escaping the penalty through the reduction of sentence and parole in practice,the author has made clear the necessity and urgency of introducing life imprisonment into the crime of serious corruption and bribery.At present,there are four cases of life imprisonment in our country.In view of the few cases which can be referred to,and only one article about life imprisonment in the criminal law,how to apply the life-long imprisonment in practice has become the focus of this article.Based on the case interpretation method,this article elaborates on the application and principles of life imprisonment.Through detailed interpretation of the legal provisions,combined with the case that China has decided to apply life imprisonment,this article interprets the specific application conditions of life imprisonment.This article is divided into four parts.The first part introduces the general situation of life imprisonment,emphasis on life imprisonment concept,character and classification,especially the origin and development of life imprisonment outside the territory of China,which has certain reference significance to our country life imprisonment system.Position and role lay the groundwork for the expansion of the fifth chapter.The second part introduces the value of the system of life imprisonment,which are as follows: perfecting our country's penalty structure,restricting the function of death penalty,implementing the principle of applying the criminal responsibility and punishment,and the need of foreign judicial assistance.This chapter mainly introduces the value of the system,and explains the reasons for the introduction of the system and its role,which is precisely because of the superiority of the system,so it needs to be studied in depth to make it root and develop in our country.The third part is a normative analysis of the life imprisonment system in China.Because life imprisonment is only applicable to the crime of corruption and bribery,and the rule of law applies to the premise of life imprisonment,the discretion of the judge and the determination of the important meritorious service of the criminal are very vague.The judicial interpretation is only more than three million yuan for the amount of the amount.Therefore,the normative analysis of life imprisonment helps to understand the legislative purpose and judicial application.Four ideas are provided for expanding the application and improvement measures.The fourth part introduces the perfection of life imprisonment.Due to the simplicity,legality and lags of the legal provisions,with the development of the society,the current legal provisions can not include all the facts and circumstances of the crime.Therefore,the judicial application of life imprisonment is a difficult problem.The author,through the case analysis,the interpretation of the law and the reference to the scope of foreign application,shows that the scope of life imprisonment in our country should be expanded and the quantity should be further clarified.The standard of punishment.This article mainly puts forward the author's opinion and analysis through the current academic controversies on the existence of life imprisonment and the problem of inapplicability.