Discussion On Some Problems Of Life-imprisonment System

The life imprisonment system is a severe freedom penalty.It is a kind of opposition penalty method in the Anglo-American legal system countries.In Western countries that have abolished the death penalty,the life imprisonment system has the same deterrent power as the death penalty system.The new life imprisonment system in China's "Criminal Law Amendment(IX)" is not a specific type of punishment,and it is an implementation method that depends on the existence of a suspended execution of death penalty.The life imprisonment system has caused intense discussion in the academic circles since its introduction.On one hand,the establishment of a life imprisonment system conforms to the policy requirements of the rule of law against corruption,embodies the spirit of wide and strict criminal policy,conforms to the legislative trend of the abolition of the death penalty,and realizes the innovation of China's penalty execution system.It restricts the implementation of the death penalty in the current stage,and further lays the foundation for abolishing the death penalty in corruption crimes.On the other hand,at present,the humanity and reasonableness of a country's criminal law system have become the key to measuring the country's criminal law system.The abolition of the death penalty in the future will become a trend.The application of the system of life imprisonment can guarantee the deterrence of the criminal law and the maintenance of judicial justice after the abolition of the death penalty.The life imprisonment system can play its positive role as a supporting measure.Opponents argue that there is no specific legal provision for the application of the life imprisonment system and the applicable standards.The criminal law do not have relevant regulations to make corresponding adjustments to the establishment of life imprisonment in the general provisions.At the same time,whether the life imprisonment for the purpose of the penalty is in line with ours The idea of penalizing for the purpose of reforming criminals is to provide a system of life imprisonment for the crime of corruption and bribery that is not the most serious social crime,and whether it violates the requirements of the principle of adaptability to crime and whether there is a tense relationship with the purpose of punishment.Whether the legislation erodes the rationality of criminal law.This is the problem that the life imprisonment system will face in the application process.Based on the understanding of the foreign life imprisonment system abroad,this article draws lessons from advanced foreign methods,and at the same time combines China's national conditions and penalties system at the present stage,and proposes some perfect measures for the application of the life imprisonment system.