A Study On The System Of Life Imprisonment In China

Lifetime Imprisonment System based on the fight against major bribery crime.In the context of safeguarding the integrity of state functionaries,the amendments to the Criminal Law of the People's Republic of China(9)have been written for the first time.This article uses three kinds of research methods,by looking up the relevant information of the life imprisonment system abroad,to understand the general situation of life imprisonment originated from the common law system,expounds the necessity of life imprisonment in our country,first of all,the life imprisonment system can fill the space of death penalty and life imprisonment,prevent the death penalty from being excessive,life imprisonment is too light,accord with the principle that the punishment of life imprisonment is not appropriate to the crime;secondly,once it is applied,the criminal will be deprived of life liberty,which can effectively prevent the serious corruption at the same time.Some problems have been revealed in the practice of life imprisonment system by scholars in our country.For example,from the provisions of the Criminal Law Amendment(9)adopted in our country in 2015 to apply life imprisonment to major bribery offenders,only the provisions of the criminal law in our country,and the subject of corruption and bribery crime,the dispute over the nature of life imprisonment has not been concluded,the judge has the discretion to declare the application of life imprisonment standard is not clear,and it is possible for the judge to breed corruption.After all,the life imprisonment system of our country is imported,and in the initial stage of application,the system is set up under the special circumstances of our country's national conditions,and cannot be studied by copying the theories of foreign countries on the life imprisonment system.This paper opens up our life imprisonment system through the following aspects.First,by comparing the application and research status of life imprisonment in countries and regions outside the region with the life imprisonment system of our country,through the study on the crime of applying life imprisonment in countries and regions outside the region,and the situation of social reintegration after the minimum sentence,the typical cases of life imprisonment in China and the study of domestic famous scholars on life imprisonment are listed.Secondly,the article expounds and compares the life imprisonment system in foreign countries and China,analyzes the shortcomings and reasons of life imprisonment system in China at the legislative level,penalty system level,management level,punishment personnel transformation and implementation.Finally,suggestions and measures are put forward to solve the existing problems.At the legislative level,according to the dynamic situation of life imprisonment,it shall be perfected in the form of legislation,such as specifying life imprisonment as an independent sentence,expanding the scope of application,detailing the target and conditions of application,and exporting the system of life imprisonment.At the judicial level,the conditions for export of prisoners applying life imprisonment should be strictly examined so as to avoid the system of life imprisonment being overhead.In the absence of relief measures in the life imprisonment system,management should strengthen the psychological evacuation of criminals,mobilize the enthusiasm of transformation,and at the same time strengthen the establishment of corresponding supporting facilities to ensure the implementation of life imprisonment.It is hoped that these measures will be helpful to the application and improvement of life imprisonment in China.