| The Amendment IX to the criminal law adds a system of life imprisonment with no commutation and parole for the crime of corruption and bribery,which is the first time to stipulate life imprisonment of Chinese legal provisions.How to interpretation the legal position of life imprisonment,the conditions of judicial application,the necessity,the retroactive force are the issues of concern in the field of criminal law theorists and judicial practice in China,and that is the focus of the paper.The author starts from the historical origins and legislative background of Chinese life imprisonment,and bases on the analysis of the legal position of life imprisonment to the criminal law,and by means of comparative study and empirical study,the author believes that Chinese life imprisonment should be distinguished from alternative measures for the death penalty and the restriction of sentence reduction of the death penalty suspended for two years.That is essentially an implementation measure of Chinese life sentence,and it only can be applied to probation criminals who commit serious corruption and bribery.It is true that the establishment of the life imprisonment shows the determination of "zero tolerance" in the fight against corruption at present in China,and fits the criminal policy of careful use of the death penalty and leniency,but it is based on the essence and purpose of the penalty.The establishment of life imprisonment in Chinese criminal law violates the principle of balance between crime and punishment,and to a certain extent,it is contrary to the aim of punishment.This paper is divided into three parts,the first part mainly from the historical origins,legislative background and legislative process,analyzing the meaning of the system on the basis of the legislative intent of the life imprisonment system.The second part analyzes the application and legal position of the foreign life imprisonment from a horizontal perspective,and then analyzes the legal position and judicial application conditions of Chinese life imprisonment,and critically ponders the retroactivity of Chinese life imprisonment.The third part analyzes the positive function of Chinese life imprisonment system from the nature of criminal law and the purpose of penalty,and probes into the necessity of the system. |
