Research On The Application Of Life Imprisonment System In Our Country

In order to comply with the trend of abolishing the death penalty and the need for strong anti-corruption,the criminal law amendment(9)stipulates life imprisonment in the crime of embezzlement and bribery,which has triggered a climax of theoretical and practical circles.Scholars have discussed the applicable attitude,application principle,scope of application and application standards of life imprisonment.Although the legislation current situation,our life imprisonment system still exists many problems,but the.As a brand new system,life imprisonment,though young for its debut,can not erase the positive value of the system in C hina's judicial practice.This paper aims to apply the background,to our life imprisonment system problems and how to improve the three aspects in our country,the law applicable to life imprisonment system perfect as the key point,make full use of the literature research method,comparative research method,interdisciplinary research method,logical analysis and other methods.In-depth analysis of the pros and cons of life imprisonment system,objectively correct position selection,to explore how to apply to life imprisonment system,build more perfect standards for life imprisonment in the hope.This article is divided into three parts,about 39000 words,and the main contents are summarized as follows:The first part of the thesis is an overview of the domestic and foreign background of the life imprisonment system.This part mainly introduces the ge neration of life imprisonment system in international background and international background,the course of clear life imprisonment system's origin,development and evolution of the international background,mainly from the reform process of the common law and civil law system of criminal punishment to the birth and development of lifelong prison system;the domestic background is mainly combined with China's criminal law revision process the trend and C hina's anti-corruption struggle to explain the situation.The second part of the thesis is an analysis of the problems existing in the application of life imprisonment system in China.This part aims to illustrate the defects of our life imprisonment system,found the problem to solve,the application of our life imprisonment system mainly has following several aspects: First,life imprisonment in C hina is an ambiguous attitude;second,our life imprisonment scope is too narrow;third,the applicable standards of life imprisonment in C hina chaos;fourth,for life imprisonment in C hina lack of remedy.The third part of the thesis is a perfect proposal for the application of the law of life imprisonment in China.This part is the focus of this paper,and also the difficulty and innovation of this article.It mainly puts forward some practical suggestions for the problems existing in the application of life imprisonment system in C hina.Main recommendations are: in the application of attitude should be reasonable and prudent expansion of applicable restrictions;crime of terrorism and drug crimes should limit the scope of serious violent crime,recidivism and eight kinds of restrictions on commutation of the serious consequences the applicable standards;should distinguish between corruption and bribery,serious violent crime and serious non violent crimes are refined;remedy can improve the pardon system realization.In addition,in the field of judicial application,combined with domestic and foreign experience,it also puts forward some suggestions on the application and application of life imprisonment.Lifelong prisoners should take part in labor and still have to accept educational reform,and they can adopt a comprehensive management model which is combined with separate detention and mixed detention.