Study On The Application Of Life Imprisonment In Corruption And Bribery Crime

Life imprisonment first appeared in the Anglo-American legal system.Article 44 of the Criminal Law Amendment(IX)adopted by China in 2015 stipulates the penalty of life imprisonment in the crime of corruption and accepting bribes.However,there are not many judicial application cases in China's criminal law after life imprisonment.The penalties for life imprisonment and the implementation after application can only be applied to the conditions of corruption and bribery.This issue is worth studying.By summarizing and analyzing some theories and legislations of life imprisonment at home and abroad,this paper analyzes,summarizes and makes recommendations on the conditions and enforcement of life imprisonment for corruption and bribery crimes in China,and provides reference for the application of life imprisonment and case execution in the future corruption and bribery crimes in China.The full text will study and discuss the issues related to life imprisonment for corruption and bribery in four parts besides the introduction and conclusion.The first part mainly introduces the corruption and bribery crimes.After applying life imprisonment,academic scholars have many opinions on it.Life imprisonment is a related theory of enforcement measures,independent criminal punishment or intermediate punishment to clarify the life imprisonment of corruption and bribery crimes in China.The nature of this is the enforcement measures of the criminal law.Moreover,the status of life imprisonment of corruption and bribery in China is also discussed in China's penalties.The status of life imprisonment of corruption and bribery in China is discussed in China's penalties.It is clear that life imprisonment formulated in China is a special life imprisonment,and it is compared with China by studying the life imprisonment system of other countries.The second part is mainly to analyze the value of life imprisonment in China,and the introduction of life imprisonment is of value.It not only satisfies the current policy requirements of cracking down on corruption crimes in China,but also better punishes criminals who commit corruption and accepting bribes.It is of positive significance for safeguarding the rule of law,promoting international judicial assistance,and improving the penalty system.The third part mainly analyzes several aspects of life imprisonment for corruption and bribery crimes.Including the object of life imprisonment,the conditions of life imprisonment,the time effectiveness of life imprisonment and the problems that may arise during life imprisonment.It can be seen from the analysis that the main object of life imprisonment is the crimes stipulated in Articles 382 and 385 of the Criminal Law;The applicable premise needs to meet the situation that the amount of crime is large and causes great losses to the interests of the state and the people;The decision to apply life imprisonment shall be pronounced at the same time as the execution of the death penalty is suspended;Whether the old law can be applied depends on the circumstances and whether the application of the major merits can be applied to the execution stage after the life imprisonment.The fourth part analyzes the problems existing in the process of applying for life imprisonment in China's corruption and bribery crimes,and puts forward some suggestions on the application of life imprisonment to corruption and bribery crimes in China based on the implementation of the life imprisonment system.It is undeniable that life imprisonment is flawed in the application procedure,and therefore it is flawed for various reasons when it is applied.Although it is supplemented by the later judicial interpretation,it is still in the process of applying life imprisonment for corruption and bribery crimes.There are many issues that need to be clarified.Life imprisonment without commutation or parole has a certain improvement effect on China's penalty system.If the scope of life imprisonment is reasonably expanded,the warning role of the law can be better played.For example,crimes with harsh crimes,high-risk drug crimes,and extreme violent crimes may also consider the addition of life imprisonment penalties to deter criminals.