Research On The System Of Lifelong Imprisonment In China's Criminal Law

Lifelong imprisonment originated from the development of free punishment,is one of the most severe punishment measures.Freedom penalty appeared in the Western Zhou Dynasty of China.In On Crime and Penalty,then the Italian jurist Chesare Beccaria expounded the idea of replacing death penalty with life-long hard labour,and the system of life imprisonment began to be applied worldwide.Starting from the development trend of international criminal law and the humanitarianism spirit,it is an effective way to replace death penalty with lifelong imprisonment system until the death penalty is abolished completely.Chinese scholars have a lot of discussion about the abolition of the death penalty and the replacement of the death penalty.The Ninth Criminal Law Amendment created the lifelong imprisonment system in criminal law of our country,the significance of this initiative for the development of China's criminal law is very important.The system of lifelong imprisonment for the crime of corruption and bribery is not only a system in line with the background of the current era of severe anti-corruption in China,but also a reflection of the progress of criminal legislation policies and concepts in the construction of a socialist country ruled by law.Under the guidance of the criminal policy of using death penalty cautiously and combining leniency with severity,the penalty system of our country is developing in the direction of humanity and civilization.The establishment of the lifelong imprisonment system for the crime of corruption and bribery in the Amendment to The Ninth Criminal Law Amendment is a positive attempt to reform the death penalty.The implementation of this system has caused the community's concern and discussion.In essence,lifelong imprisonment is life-long free punishment,which has its origin and development in the history of law in China.At present,there are still some problems in the theory and practice of lifelong imprisonment,such as legislative value,legal nature,time validity and application to major meritorious service.Its legal nature and applicability to major meritorious service should be improved as soon as possible.Lifelong imprisonment system should be integrated with life imprisonment in the future,gradually replacing death penalty on the basis of combining the different characteristics of existing death penalty charges,until the death penalty is abolished completely and a new penalty system is established.In a word,in the current penalty system of our country,the lifelong imprisonment system is in line with the penalty idea of using death penalty cautiously,and can effectively solve the problem of "too heavy death penalty and too light life penalty" faced by our country.Incorporating the system of lifelong imprisonment as an alternative measure to death penalty into our country's penal system will be of great benefit to deepening the reform of death penalty in our country.