Research On The Application And Development Suggestions For Life Imprisonment In China

In the Amendment(IX)to the Criminal Law of the People’s Republic of China,a new provision on life imprisonment is added for crimes such as corruption and bribery.It is formulated based on the background of anti-corruption.However,the regulations are not detailed and specific enough,lacking the support of relevant supporting systems.So far,only article 383 of the Criminal Law has provided relevant applicable crime regulations for it.According to Articles 3 and 4 about detailed standards on the applicable conditions of life imprisonment in the“Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Corruption and Bribery”,only a few cases of corruption and bribery crime have been sentenced life imprisonment.This thesis starts with the origin of the life imprisonment,makes a retrospective explanation for the life imprisonment system from two aspects of economic development and ideological progress,and discusses the theoretical classification method and theoretical basis of life imprisonment.Then,it expounds the application and identification rules of life imprisonment under our country’s current "Criminal Law" system.The applicable accusations,applicable conditions,and applicable time of life imprisonment have been defined clearly in our country.And the judicial interpretation also has made requirements for the circumstances of the crime and other aspects.Next,this thesis has discussed the life imprisonment system outside the territory,hoping to provide suggestions for the development of life imprisonment in our country.So far,the life imprisonment in our country still needs to be further improved and explained to distinguish it from death reprieve,life sentence,commutation,and parole.More detailed provisions should be made in the application of trial procedures,retroactivity,and standardization of sentencing.In the execution system of life imprisonment,some problems such as high execution cost and poor enthusiasm for reforming criminals should be resolved.Life imprisonment in our country has not yet formed a complete penalty system in a strict sense.In the face of various problems during judicial practice,it is necessary to further improve and enrich related supporting measures.Considering the existing criminal legislation system and judicial practice experience in our country,the scope of application of life imprisonment cannot be expanded arbitrarily so far.It is necessary to gradually improve the supporting systems such as trial and execution,and then expand its application scope to make it become an alternative to the death penalty.In terms of sentencing,the trial procedure needs to be differentiated from other procedures,and standardized practice should be promoted by establishing a life imprisonment review system.In terms of implementation,exploring the "separate custody" measures,diversified correction measures,and promoting the conditional amnesty system for life imprisonment could complete the incentive reform for life imprisonment criminals.Finally,through the above measures,the legalization,perfection,and humanization of life imprisonment penalty system would be established in our country.