A Study On Life Imprisonment For Corruption And Bribery Crimes

Of previously issued in our country criminal law amendment(9)to make a significant change on corruption and bribery crime.The first is the amount and circumstances of the punishment mode double test is one of the most important in our country will be introduced to the system of life in prison for the first time the specific charges,although has not replace the death penalty.But careful to death on the basis of the introduction of this system is remarkable in previously affected by serving mode in our country,combined with heavy penalties for corrupt officials thought in traditional culture,this kind of economic criminals against corruption and bribery has always been the application of the death penalty.But along with the progress of the society and the international community,China's criminal law has also been gradually absorb foreign advanced theory and system in a nonviolent crime the disadvantages of the death penalty as the abolition of the death penalty also calls for more obvious,the criminal law amendment(nine)changes.On the one hand is to cater to the trend of the abolition of the death penalty,on the other hand is also in China this year to continue to crack down on corruption crime form of specific changes Since the first case of life imprisonment of BaiEnPei,as of December 31.2018.Five people have been sentenced to life imprisonment.However,discussions on some of these issues have been continuously carried out in academic and practical circles.Long time detention will not cause a waste of judicial resources;How retroactive is life imprisonment;How to determine the specific applicable amount and plot criteria;Judges decision shall not be commuted to life imprisonment on parole what is the basis of the single from the revised criminal law in our country and the existing judicial interpretation.There must be a special apply to life in prison on the amount of the first big case,secondly also need to meet on the plot special major losses caused to the people and the country,and finally its crime also need to satisfy the criminals who have committed extremelyserious only to satisfy the three conditions,only can be used to life in prison.But for now,retrospective and specific standard is still vague,admittedly,on the basis of life imprisonment can be careful with the death penalty criminals to produce strong power,give full play to its disciplinary action to make up for the problem of insufficient penalties,also accord with the need of China's current form.But the emergence of these problems also condemned the system is not very perfect,if can't improve this system as soon as possible,so most likely system of life in prison for abuseThis paper will summarize the nature and characteristics of China's corruption and bribery system,analyze the difference between this system and similar types of punishment,and then analyze the similarities and differences of the two systems based on the application fields and forms of life imprisonment in foreign countries.So as to find out what we can learn from.Then on the basis of China's special national conditions and some cases,this paper analyzes the basis of the implementation of this system and the positive role of China's judicial system to find the feasibility and necessity of its implementation,and finally summarizes some problems and deficiencies in the system and puts forward solutions.