Research On The Problems And Perfection Of The Application Of Life Imprisonment System In China

Life imprisonment has a history of more than 200 years since its development.At present,most countries in the world have established a life imprisonment system from the legislation,which is playing an increasingly important role in the penal system of all countries in the world.In 2015,China's legislature stipulated the term life imprisonment in the Criminal Law Amendment Nine.Once the life imprisonment was introduced,it caused widespread concern of the whole society and fierce debates in the academic circles.At the beginning of the implementation of life imprisonment,there are problems such as unclear legal nature and unclear influence of major merits.However,with the evolution of time,some scholars have promoted it under the impetus of experts and scholars in the legal profession and related explanations of legislation and judicial organs.Basically,there is a clearer conclusion.However,there are still some issues that have not been fundamentally resolved.In addition,some new problems have arisen in the judicial practice.In the period of more than three years since the life imprisonment system came into effect,the Chinese courts applied life imprisonment to four particularly serious corruption and bribery criminals.With the specific application of life imprisonment in China's judicial practice,it is not difficult to see that the system has a very positive effect,which can not only make up for the shortcomings of the previous severe punishment for serious corruption and bribery,but also achieve the purpose of deterrence crime and generate A good social effect.At the same time,life imprisonment can effectively reduce the application of the immediate execution of corruption,bribery and death,and achieve the long-term goal of abolishing the death penalty for non-violent crimes.However,no system can be perfect.Even if the life imprisonment system has been implemented for hundreds of years in extraterritorial countries,although it has developed into a perfect penal system,its implementation is still controversial.China's "Criminal Law" has just stipulated life imprisonment.The system itself must have imperfect aspects.The difference between China's national conditions and the national conditions of other countries will also lead to a series of problems in the process of judicial practice.These are objective facts that cannot be questioned.In order to give full play to the institutional advantages of life imprisonment and reduce its negative value,it is necessary to continuously improve the system.By reviewing academic papers related to life imprisonment,domestic scholars' research on life imprisonment system has basically focused on two stages before the introduction of the life imprisonment system and the two stages of promulgation and implementation(more research in the second stage).However,after 2018,academic research on the life imprisonment system began to decrease.Of course,the life imprisonment system was just introduced.This system suddenly entered the public's vision and became a hot spot in the whole society.It has been aroused that a large number of studies by experts and scholars in the legal profession are understandable..However,the perfection of any legal system is not a one-off event.There is still a long way to go before the life imprisonment system with Chinese characteristics is complete.Therefore,the research on this system cannot be stopped,but must be sustained.This paper is divided into three parts: the problems in the application of the life imprisonment system in China and the improvement of the system:The first part introduces the concept of life imprisonment with the historical origins of life imprisonment.Secondly,from the perspective of whether life imprisonment belongs to the category of criminal law,it analyzes the different legal positions of life imprisonment in extraterritorial countries and life imprisonment in China.Then,from the aspects of modern human rights concept and crime prevention,the positive value of life imprisonment at home and abroad is deeply analyzed.Finally,from different angles,the classification of life imprisonment is classified according to different classification criteria,and the types of life imprisonment in China are clarified.By comparing the similarities and differences between China's common law system and the civil law imprisonment system of civil law countries,we analyze life imprisonment in China.The foundation of the application of the system lays the foundation.The second part is the problem of the life imprisonment system in China.On the one hand,four specific cases of life imprisonment have been used since life imprisonment came into force in China,as an entry point to analyze the problems of life imprisonment in China.On the other hand,through the comparison of the domestic and foreign life imprisonment system,and analyzing the shortcomings of life imprisonment in China,it provides a basis for the perfect study of the life imprisonment system in China.The third part is the perfect study of the life imprisonment system in China.On the basis of comprehensive analysis of the problems,from the two levels of legislation and judicature,the theory is linked with the reality,and the problems exposed in the life imprisonment system for more than three years are reversely examined,and combined with the specific conditions of China,it is proposed to be targeted and reasonable.Suggest.