Study On The Application Of Life Imprisonment For Corruption And Bribery

The criminal law amendment(nine)has created a new chapter of the penalty system in China,and created a new system--life imprisonment,which provided system guarantee for China's anti-corruption situation,and also made up for some shortcomings of the penalty system.It is not presented as an independent type of penalty,but a necessary adjustment of the existing execution measures of the death penalty in the field of corruption and bribery.As a new criminal law measures,laws and regulations can not only meet the needs of judicial practice,this paper use the method of legal hermeneutics,based on the position of the system in the whole system of understanding,careful,hope to be able to find a legal way to clarify its nature,and application.The long term implementation of life imprisonment will bring certain influence to prison transformation system.In practice,we need to constantly adjust and improve in order to better promote the rationalization of penalty structure.First of all,we should clarify the meaning of life imprisonment,clarify the characteristics of the system in our country,and then elaborate its legislative value,mainly referring to its institutional value.The in-depth analysis of the legislative background and value of life imprisonment can be more accurate to grasp the relevant issues applicable to life imprisonment.Then it analyzes the applicable conditions in theory,and clarifies the question about its applicable time and effect,and discusses the premise of the application of the new system in theory.Secondly,from the perspective of judicial practice,summarizes the related cases,especially in the case analysis the huge discretionary discretion of the amount of bribery,and the judge discretion other especially serious circumstances should pay attention to the.The last is to perfect the new system of the specific ideas,at present only applies to the crime of corruption and bribery of a provision,the future has a great space for development,which is mainly composed of the future can replace the death penalty and increase the possibility of criminals return to society the two part of the analysis,and put forward the legislative proposals to improve life imprisonment in theory development with the judicial practice of our country.