The Research Of Life Imprisonment System In China

Life imprisonment,as a penalty of freedom,is second only to death penalty in severity.It is clearly stipulated in the criminal legislation of most countries in the world and is also widely used in criminal justice.China's Criminal Law Amendment(IX)in November 2015 added a life imprisonment system applicable to corruption and bribery crimes.The life imprisonment system first appeared in China's criminal law.It is different from the life imprisonment stipulated in the criminal laws of most foreign countries.Most foreign countries stipulate it as an independent punishment,while China's life imprisonment system is only applicable to corruption and bribery crimes,with a narrower scope of application.However,the life imprisonment system can appear in China's criminal law,which is of progressive significance in itself.It not only reflects the institutional innovation of China's Criminal Law Amendment(IX),but also aims at China's current high-pressure anti-corruption situation and the need to conform to the world's light trend and abolish the death penalty.Compared with the death penalty,the advantage of the life imprisonment system lies in its relief,which is more in line with the spirit of humanitarianism and human rights protection.The death penalty concentrates the power of punishment at one time,while the life imprisonment distributes the suffering equally throughout the life of the prisoners.This article is mainly divided into the following four parts:The first part mainly introduces the origin and development of the life imprisonment system,elaborates the concept of this system,and summarizes the types of life imprisonment.The second part mainly introduces the current legislative situation of life imprisonment system,including the legislation of life imprisonment incontinental law system and common law system countries and regions,the legislation of life imprisonment in our country,and the problems in the legislation.The third part mainly introduces the judicial application and problems of life imprisonment system in continental law system,common law system and our country.The fourth part mainly introduces the enlightenment of life imprisonment system in common law system and civil law system countries and regions to our country,and tries to put forward perfect suggestions to our country's life imprisonment system at the legislative and judicial levels.