On The Legislative Perfection Of Life Imprisonment In Our Country

Life imprisonment as a punishment in Chinese Criminal Law,It has a very important role in the penalty system and criminal judicial practice.In the system of punishment,life imprisonment in the general provisions of criminal law is a kind of punishment,a severe punishment after death.In the sub rule,it is also a method of punishment applicable to many crimes.In criminal justice practice,on the one hand,it is applied as a statutory punishment for many serious criminal offenses,which is of great significance for severely cracking down on serious criminal offenses.On the other hand as a reprieve commutation after available a penalty for the death penalty,as a "buffer zone",is very important for reducing the death penalty.In addition,in the context of gradual death penalty and full abolition,the status and role of life imprisonment will become more and more important and deserve high seriousness.This is not only to make life imprisonment better follow the "vacuum of supreme power" after the abolition of the death penalty,but also to prepare the penalty conditions for the abolition of the death penalty by perfecting the life imprisonment system.However,in the framework of the current penalty system and in the criminal judicial practice,life imprisonment does not give full play to its value and role.This not only affects the effective development of the function of life imprisonment,but also involves the full play of penalty and the abolition of death penalty,and even has a negative impact on the credibility of punishment.In our country,there are many problems in the study of life imprisonment in the theoretical circles,which are shown as the following points:First,the lack of research on the basic knowledge of life imprisonment."Death to the killer"traditional "pledge" concept,the strong foundation of the opinion of death penalty has become a hot and difficult;covering almost all the specific charges of imprisonment,but also because of widely concern.As a kind of "selective punishment",life imprisonment is not paid attention to,and the research on its basic knowledge is not comprehensive and profound.Second is the lack of systematic research on life imprisonment.Due to the lack of basic knowledge about life imprisonment,the research results of life imprisonment are less and more complicated,and no systematic research results have been formed.Many theoretical problems are hard to carry out a holistic analysis.Third,life imprisonment,as an alternative to death penalty,has not yet formed a unified view.As a punishment of second of the present severity,life imprisonment should be an alternative to death penalty.However,this consensus has not been reached at present in the theoretical circle,which is embodied in three points of view:The alternative to death penalty is life sentences,life imprisonment,or long term free punishment.These are the reasons for many problems in the penalty system and criminal judicial practice.Based on the background of death penalty abolishing and improving the penalty system,this paper analyzes and studies life imprisonment by taking life imprisonment as a substitute for death penalty,analyzes the possible defects of life imprisonment,and puts forward suggestions for improvement accordingly.In order to achieve the perfection of the system of not only the life imprisonment,but also to the complete abolition of the smooth transition and the promotion of the reform of the penalty system.This article includes five parts,the specific contents are as follows:Preface.This part summarizes the purpose and significance of the writing,and as a "messenger" leads to the analysis and research of this article.The first chapter is an overview of life imprisonment.The specific part is divided into two sections.The first section is the historical origin of life imprisonment in our country,including the present situation of development and legislation.The second section is the status and function of life imprisonment.The second chapter is the legislative defect of life imprisonment in China.This part is divided into two sections,the first section is the defect of suitable conditions,including the applicable object of uncertainty,and the relationship between the prison and not straighten out and aging system coordination;the second section is the defect of the implementation of the system,including science and life imprisonment for low parole for life imprisonment the commutation rate of two methods.The third chapter is the perfect measure of life imprisonment in China.This part is divided into two sections.The first section is to improve the applicable conditions,including the standard of life imprisonment,straighten out the relationship with the applicable conditions of imprisonment and reduce the limitation of life imprisonment;the second section is to improve the implementation of the system,including the specification of commutation of life imprisonment and improve the parole rate of imprisonment.