On The Irrationality Of Life Imprisonment System In China

Since China's Criminal Law Amendment(8)was formally implemented in 2011,the Criminal Law Amendment(9)in 2015 has once again made a relatively significant revision to the Criminal Law of our country.The revision of the criminal law also set off a lot of ripples in the legal circle of our country.Every revision of the law is the feedback of the problems existing in the real life,and it is also the adjustment of the legislator's value orientation to the specific problems in the real life.The Criminal Law Amendment(9)specifically aimed at the crime of corruption and bribery and added a new system of life imprisonment in order to strengthen the fight against the crime of extreme corruption.Under the strong determination of anti-corruption in our country at present,all circles of society place great hopes on the system of life imprisonment,but as a measure used by a country to punish and prevent crime,its formulation and implementation should give full consideration to the scientific nature and rationality of its structural system,in order to prevent life imprisonment such as the excessive punishment of reprisals causes people to lose confidence in the role of punishment.Life imprisonment,as a kind of execution mode of life imprisonment,is confronted with many dilemmas in judicial practice,such as unclear applicable standards,complicated time effectiveness,lack of legislation on relief channels and so on.Looking at the prospect of life imprisonment in China from the perspective of legal education,we can see that in the aspect of theoretical value,the system of life imprisonment deviates from the criminal law function of human rights protection,breaks through the boundary of the balance of crime and punishment,and violates the principle of modesty of criminal law.At the level of practical function,the system has a limited function to achieve the purpose of penalty,but also does not accord with the principle of economic benefit of penalty,so it is easy to cause waste of judicial resources.In addition,life imprisonment contains the meaning of life imprisonment.Life imprisonment and life imprisonment are stipulated at the same time in the criminal code,which leads to the repetition of the semantic meaning of the penalty provisions and the confusion of the penalty structure.Adding life imprisonment without commutation and parole as an alternative to the death penalty is intended to correct the first mistake through the second mistake.If the goal of abolishing the death penalty is ultimately not achieved,the death penalty will be aggravated instead.Just like drinking to treat insomnia,may lead to insomnia problems have not been solved but developed alcoholism.In view of a series of dilemmas and defects faced by the system of life imprisonment,this paper considers that it is not appropriate to add an immutable system of life imprisonment,but should aim at "life imprisonment" in the existing penal structure system,"commutation of sentence","commutation of sentence",In order to find a way to replace the system in order to guarantee the stability and unification of the penalty system to the maximum extent,we can find a way to replace the system under the present penalty structure.