Research On Life Imprisonment System

Under the wave of reforms to abolish the death penalty,the life imprisonment system has become universally applicable in Western countries.The promulgation of the "Criminal Law Amendment(9)" in 2015 made the life imprisonment system pioneering and formally introduced into my country’s criminal law as a punishment for corruption and bribery crimes.The establishment of this system in our country is of great significance to the improvement of the penalty structure and the construction of a country under the rule of law.Through the use of literature research method,comparative research method,and case analysis method to study the life imprisonment system,the problems existing in the system are discovered.Explore how to reasonably apply the life imprisonment system in order to build a more complete life imprisonment application standard.This article has four parts except the introduction.The first part introduces the life imprisonment system.By defining the concept of life imprisonment to clarify its basic connotation,and summarizing the unique characteristics of life imprisonment in our country from the existing legal provisions of our country.Analyzing the elaboration of its nature by different scholars in academia,the article concludes that it is the nature.From the perspective of theory and practical requirements,it analyzes the legitimacy of life imprisonment.The second part introduces the current status and existing problems of the application of life imprisonment.This part is mainly based on my country’s current laws and regulations on life imprisonment,and analyzes the applicable objects,applicable standards and applicable consequences of life imprisonment.At the same time,starting from the nine cases of life imprisonment that have been applied since the establishment of our country,we will analyze the main problems currently existing in life imprisonment in our country: the scope of application is narrow,the applicable standards are not clear,the boundary with other penal systems is blurred,and there is no correction Export.The third part introduces the comparison and reference of life imprisonment in foreign countries.This part mainly introduces the relevant provisions of the extraterritorial life imprisonment system.The United Kingdom and the United States are taken as examples in the common law system,and Japan and Germany are taken as examples in the civil law system.Analyze from the perspective of scope of application,system type and relief mechanism.On this basis,in combination with my country’s national conditions,we will explore our country’s improved ideas for the scope of application of life imprisonment and the correction of exports.The fourth part is related suggestions to improve our country’s life imprisonment system.This part mainly aims at the shortcomings of the life imprisonment system,combining with the characteristics of my country’s existing penal system and some foreign experience,and puts forward relevant suggestions:carefully expand the scope of application of life imprisonment,and clarify its applicable standards in judicial practice.Clearly clarify the applicable boundaries between life imprisonment and related penal systems,and give life imprisoned prisoners the opportunity to return to society.