The Understanding And Application Of Chinese Life Imprisonment

In order to use death penalty cautiously and ensure the high pressure of anti-corruption situation,the 9th Criminal Law Amendment has increased a provision that the corruption criminal who embezzle or accept bribes huge amount and cause serious losses may be punished life imprisonment without being commuted and released on parole.Many cases of life imprisonment have emerged in the judicial practice.By unscrambling of related legal regulations,analyzing the related cases and commenting on various kinds of views,we can understand and apply Chinese life imprisonment system more easily.As far as legal position is concerned,life imprisonment without commutation of sentence and parole is attached to the system of reprieve of death penalty,it is a sentencing situation of the reprieve of execution of the death penalty.It is only applicable to embezzled prisoner who was handed a suspended death sentence.Secondly,In the process of legislation,the life imprisonment without the justified foundation of punishment,and it is a violation of the law modification procedure.It also has serious legislative emotional problems.Then,in judicial application,the new law does not have a retroactive effect on the unsentenced and undetermined corruption crimes.So.applying life imprisonment to Bai Enpei and other 3 people does not conform to the the doctrine of observing old laws and new ones when with lighter punishment and the principle of legality.For reasons such as loophole in the system and human rights protection,if a life imprisonment prisoner performed major meritorious service may be given a mitigated punishment,no matter when it happened In the two-year trial period of the reprieve of the death penalty or the period of life imprisonment.What's more,he also can be applied temporary execution outside prison or be released on bail for medical service.In addition,Chinese life imprisonment deviates from the development trend of the reprieve of penalty.So both the legislature and the judiciary should not only limit the scope of its application,but they should also abolish it in a timely manner.