On The Expansion Of The Applicable Scope Of Life Imprisonment System In China

The application of life imprisonment system to the crime of embezzlement and bribery is the first amendment to the criminal law of China(ix).Life imprisonment is a method of punishment that deprives a criminal of lifelong freedom and keeps him in prison until the end of his life,making him unable to return to society.The academic community generally believes that life imprisonment in China is not an independent criminal species.About the legal nature of life in prison,this paper argues that life imprisonment is not belong to the intermediate punishment,also do not belong to the execution of punishment,more than the immediate execution of a death penalty alternative measures,but in the premise of the death penalty with suspension of execution has the same properties,and restrictions on the commutation life imprisonment should qualitative as the sentencing system,only life in prison for "special" in that its object is limited to only apply embezzlement,bribery,crime,and only provision in the specific provisions of criminal law,rather than in the general provisions of criminal law regulation.China's "criminal law" the 383 th regulation of life imprisonment,life imprisonment was sentenced to death for corruption and bribery is suspended its premise condition,in line with the circumstances of the crime,and so on and so forth is its real conditions,the court's discretion is its discretion conditions,the amount of its applicable conditions also have corresponding provisions in the judicial interpretation.Since the system came into effect,three criminals have been judged to death with a suspended judgement and to life imprisonment for taking bribes,among which the case of bai enpei,the former deputy director of the environmental and resource protection committee of the National People's Congress,who took bribes and had a large amount of property of unknown source,initiated the application of sentenced to life in China.The scope of the application of life imprisonment can be gradually expanded after the judicial practice of the crime of embezzlement and bribery.On the premise that life imprisonment does not violate the principle of criminal law,this paper probes into the reason why the scope of application of life imprisonment should be expanded from two aspects.2.Life imprisonment as a lagging of the legal system;Secondly,it is reasonable to expand the utilization of lifelong imprisonment includes 1.2.Conducive to the realization of the purpose of modern punishment;3.The criminal policy in line with China's leniency and severity;4.Consistent with the concept of protecting human rights in modern society.As for how the path of expanding the scope of life in prison system in China,this paper argues that can be expanded in the direction of the two life sentences scope of application: one is the DE facto standard,namely some sin not dead serious violent crime is applicable range of choice for life in prison,including eight class limit reduced violence crime and terrorism crime;The second is the standard of value,that is,crimes which are not violent crimes but are excessively injurious to the society,including crimes against national security,drug crimes and economic crimes.In addition,relevant supporting measures should also be applied during the application of life imprisonment.