Study On Life Imprisonment System Of The Bribery Crime In China

The criminal law amendment(nine),issued in November 10,2015,put the new content of life imprisonment into Chinese criminal law.The English sentence of life imprisonment is "life imprisonment",which is a free punishment for criminals to be deprived of their freedom and even until their death.Life imprisonment is characterized by the particularity of its application object,the severity of punishment execution and the extreme nature of deprivation of liberty.It is the harshest punishment in the case that the criminal acts are very harmful,the criminal elements are very subjective and the personal danger is very high,and they are often accompanied by the punishment of depriving the criminals' political and civil rights.There are essential differences between life imprisonment and life imprisonment in our country.From the scope of application,the system of life imprisonment is only applicable to the crime of corruption and bribery.From the result of application,if the criminal is executed for life imprisonment,it can not be cut off,and can not be parole,it is a real sentence of life imprisonment;The status of life imprisonment in the criminal law,life imprisonment is not dependent on reprieve,the sentence of the position.There is a wide range of legislative practice in life imprisonment outside the region."The three ups and forth out" is a unique system of life imprisonment in the United States,and the British established the system of life imprisonment for life after parole.From the inspiration of foreign life imprisonment legislation,all countries have the way to return the criminal to life imprisonment,and the abolition of life imprisonment,which is the most severe penalty except death penalty,has also become the trend of the development of national penalty,so the scope of life imprisonment in China should not be expanded.China's bribery life imprisonment system is controversial,first of all,the legal position of life imprisonment system in China is not clear.There is a view that life imprisonment should be defined as a penalty,and the view that life imprisonment is an intermediate penalty,and the view that life imprisonment is a special measure in the process of execution.Secondly,the law stipulates that the application condition of life imprisonment is "huge amount",and "make the state and people's interests suffer particularly heavy losses".The judicial interpretation only makes the national unified hard provisions on the "huge amount",but does not stipulate the standards for the great loss of the interests of the state and the people.Thirdly,the law has not made a clear relationship between the "no commutation" of life imprisonment and the Seventy-eighth "commutation penalty" in the criminal law,which has caused the uncertainty of the commutation in the execution of life imprisonment.Finally,the law did not explicitly stipulate whether the execution of life imprisonment can be carried out outside the prison,which resulted in the uncertainty of execution outside prison in the execution of life imprisonment.The existence of these problems makes life imprisonment in the judiciary easy to be too large and difficult to apply,so we need to improve it in order to better play its role in the fight against bribery.It should be clear that the nature of the system of life imprisonment is a result of the application of the reprieve of the reprieve of the execution of the death penalty for bribery crimes;to amend the rigid provisions concerning the "huge amount" of the national unity in the judicial interpretation,to establish the elastic provisions of the differences in various regions and to make a unified regulation of the standards for "the great loss of the interests of the state and the people".Set.At the end of the execution period even if there is a major meritorious commutation,nor during the execution of probation can be specified.