On The Life Imprisonment In Chinese Criminal Law

Life imprisonment is a real imprisonment for life that aims to reduce death penalty and increase life penalty of corruption and bribery crime.Life imprisonment without parole had already been as an alternative type of punishment to the death penalty in abroad law.But in our country,imprisonment for life was not it should be because of partial abuse of commutation and parole injudicial practice and especially always being as a privilege for corruption and bribery criminal,so it is not a real one in most cases.Up to 2015,China had creatively created "no commutation or parole for life imprisonment" with Criminal Law Amendment(IX),which applied in the field of corruption and bribery crime that can really imprison people all the whole life.However,life imprisonment as a special execution measure of imprisonment for life only stipulates in the specific provisions of Criminal Law instead of general provisions of Criminal Law,which causes general provisions and specific provisions in disunity.Meanwhile,it does not stipulate explicitly that whether life imprisonment is applicable to temporary execution outside prison or not in our present law,thus the sick criminals may continue to be held that may tread human rights underfoot as well as bring financial burden.Through researching on the theory and analyzing the above questions,the article dissects as follows:Firstly,life imprisonment is not a new type of punishment,just applying in heavy corruption and bribery criminals those are sentenced to suspended death sentence and then commuted to imprisonment for life according to the Criminal Law.It is an alternative measure of death penalty as well as an intermediate execution measure,and also a special execution measure of imprisonment for life.Secondly,the existence reasonability of life imprisonment.It not only restricts and reduces the application of death penalty,relieving "sentenced to light,excessive death penalty" penalty structure defects as well as in accordance with the purpose of punishment,but corrects cases involving unjust,false or erroneous charges to uncover the truth as well as breaks the non-extradition of death penalty to embody judicial justice.Thirdly,in order to solve the above problems,I propose that we can make exceptions in general provisions of Criminal Law to set a solid foundation for life imprisonment.Then we can improve and expand appropriately subject scope of temporary execution outside prison to implement humanitarian spirit.Finally,we can take the opportunity of life imprisonment to improve remit system so as to be effective.