On The System Of Lifelong Imprisonment In China's Criminal Law

Lifelong imprisonment system is life imprisonment in strict sense.In 2015,China adopted the amendment to the Criminal Law to introduce a lifelong imprisonment system without commutation or parole for major corruption and bribery crimes.The introduction of lifelong imprisonment system is an innovation in China's criminal law,affecting China's penalty structure.There are different opinions on this system in academic circles.By investigating the extraterritorial lifelong imprisonment system and combining with the actual situation of our country,there are many shortcomings in our country's lifelong imprisonment system,and many aspects need to be improved.This paper is divided into three parts:The first part mainly introduces the theoretical issues of lifelong imprisonment system,mainly from its characteristics,legal positioning and legal value.This part focuses on the legal positioning of the system of lifelong imprisonment.Firstly,the attribution,secondly,the nature of the system is debated.The author agrees with the theory of life imprisonment,and holds that the system of lifelong imprisonment in China is based on the condition of suspension of death penalty,and that the suspension of death penalty is transformed into the execution of penalty after life imprisonment.The second part is the focus of the article.It mainly discusses the problems of lifelong imprisonment system in practice,mainly divided into two parts,application and implementation.On the issue of application,the author chooses to analyze it from two aspects: the applicable standard and the applicable method.On the issue of execution,the author discusses four possible situations in the process of executing lifelong imprisonment.The third part is the extraterritorial reference of the lifelong imprisonment system.By investigating the legislative situation of different countries and regions,we can get the Enlightenment of the lifelong imprisonment system in China,reflect on its improvement direction,and put forward the views of improving the existing life imprisonment system,adjusting the scope of application and formulating the implementation rules.The study of lifelong imprisonment system belongs to the category of penal system.The study of this problem will be helpful to promote the reform of penal system in our criminallaw in the future,and to promote the modernization of national governance system and governance capacity.