On China's Life Imprisonment System Association

Unlike some countries,where life imprisonment is an independent type of punishment,life imprisonment provided for in China's Criminal Law Amendment(9)should be understood as a way of life imprisonment.The establishment of the life imprisonment system is conducive to the realization of the legislative value of strict anti-corruption and the maintenance of judicial justice,and promotes the gradual relaxation of the penalty in the international trend of abolishing the death penalty.However,its establishment has impacted China's current criminal law structure to a certain extent,and at the same time caused inconsistencies between the general provisions of the Criminal Law;in addition,it has a "dual dependence" on "death sentence" and "life imprisonment system" As a result,it is difficult to define the legal nature of various circles,and the question of whether it can be applied to major contributions,medical treatment and amnesty is also vague,which makes this new system very limited in terms of scope of application.This article takes the legislative evolution of the foreign life imprisonment system as an entry point and demonstrates that the legal nature of life imprisonment in China belongs to the way of life imprisonment;analyzes the theoretical controversy of life imprisonment in China and its prerequisites for judicial application,and reveals its judicial practice Existing predicaments;meanwhile,on the basis of learning from the positive experience of life imprisonment in foreign countries,we will improve the current life imprisonment system in China,and propose to limit the applicable charges and scope of life imprisonment.Life imprisonment.This article is divided into four parts:The first part mainly starts from the historical evolution of the foreign life imprisonment system.It sorts out the reasons and concepts of the foreign life imprisonment history,and explains the historical evolution of the life imprisonment system in China on the basis of this.The concept is analyzed to pave the way for the following discussion of the legal nature,functional considerations,and applicable prerequisites of this system.The second part mainly starts with the theoretical differences of the legal nature of life imprisonment in China,sorts out and evaluates different views,and tries to put forward a special execution method of life imprisonment in China.Secondly,it combines the theoretical and practical significance of life imprisonment to explainthat it is not only rich in China The theoretical value of the life imprisonment system has the practical significance of severely punishing the crime of corruption and bribery,and has promoted the legal process of the abolition of the death penalty system in China to a certain extent.The third part mainly starts with the rules of the life imprisonment system in China and the requirements of its application.It leads to the life imprisonment rules in China and the problems in its application.It attempts to point out that this system not only has some inconsistencies in the penalty structure and system.Coordination,inconsistency,and problems such as "imbalance of crime and punishment","unclear retrospective power","unclear major contribution",and lack of corrective export and weak supervision during the enforcement stage.The fourth part mainly introduces the current application status of life imprisonment system in major countries of common law system and civil law system,and based on the analysis and analysis,we can reflect on what we can learn from life imprisonment system in China.The fifth part puts forward corresponding suggestions for the plight of China's life imprisonment system.Firstly,according to the rules of life imprisonment in China,we propose to improve the content of Articles 50,78,and 81 of the General Principles of the Criminal Law to promote a better connection between the General Principles and the sub-paragraphs.Second,to address the shortcomings in the application of life imprisonment.It is to propose to limit the applicable charges and applicable objects of life imprisonment to fully implement the principle of adaptability of crime,responsibility,and punishment.The second is to clarify the major achievements and introspective of the life imprisonment system.The third is to address some shortcomings in the implementation stage of life imprisonment.It is proposed that the medical treatment and amnesty system should be applied in a timely manner in accordance with the law in order to make up for the lack of correction of exports,and to truly reflect the criminal policy of leniency and strictness.