Probe Into The Application Of Lifelong Imprisonment System In The Crime Of Corruption And Bribery

The life imprisonment system in the crime of corruption and bribery is a new special penalty measure added in the Amendment to the Criminal Law(9).It is a great innovation in China's penalty system.It is not a new type of punishment.The degree of punishment is between the immediate execution of death penalty and the suspension of execution of death penalty.We can regard the system of life imprisonment as a special application of the suspension of execution of death penalty.There are two main functions of the system of life imprisonment: first,it can replace the immediate execution of death penalty,which demonstrates the legislative spirit of "combining punishment with leniency" in China's penalty;second,it can severely punish major corruption crimes and meet the political requirements of high-pressure anti-corruption in China.This paper provides a favorable theoretical support for the better application of the system in corruption and bribery crimes in China,and also provides a guide for the further improvement and development of the system of life imprisonment from a theoretical perspective..This paper is divided into five parts: The first part analyses the connotation,legal orientation and legislative background of the life imprisonment system.Combining with the research status of the life imprisonment system at home and abroad,it clarifies the necessity of establishing the life imprisonment system in China;The second part discusses the theoretical basis of establishing the system of life imprisonment in corruption and bribery crime from the point of view of the purpose of penalty,the function of penalty and life imprisonment as an alternative measure to death penalty.It also explains the rationality of the new system of life imprisonment;The third part focuses on the application of the system of life imprisonment in judicial practice,including the applicable conditions,execution problems and time effectiveness,among which the issue of execution is mainly explored from the perspective of the doctrine of criminal law,thus affirming the necessity of applying the factor of "major meritorious service" to the system of life imprisonment;The fourth part,on the basis of affirming the system of life imprisonment in China,lists some possible problems in the application process of life imprisonment system.;The fifth part,combined with the specific national conditions of our country,elaborates how to improve the system of life imprisonment in order to better meet the actual situation of our country,so as to explore a way of life imprisonment in theory.