Life Imprisonment Sentence In China And Penal Reform

The 9th Criminal Law Amendment has increased a provision, that regulated court may declare those who committed corruption with huge amount and serious losses and was sentenced to death penalty suspended for two years life imprisonment without being commuted and released on parole. This is the first time that life imprisonment is regulated into Chinese Criminal Law. Although life imprisonment is an exotic vocabulary, it resembles to the nature of the types of penalties. With same nature, they still have some differences. When talking about Chines life imprisonment, we should know that it means uncertain long-term free punishment that can be commuted and released on parole. Meanwhile, Chinese life imprisonment does not include absolute life imprisonment that cannot be commuted and released on parole. The life imprisonment used in article respects for historical truth, including Chinese life imprisonment and absolute life imprisonment. As an style of execution, life imprisonment not only contains general theory of punishment as theoretical basis, but also unique characteristics of freedom penalty. We should hold the common sense that justification of penalty need to be analyzed from the angle of retribution and prevention. The effectiveness of punishment not only concerns about its severity, but also about certainty and timeliness, as for these reasons, punishment exists limits on supply and effects. Life imprisonment is an death penalty alternative measures. Considering the abolition of the death penalty is a necessary requirement of a civilized society, the death penalty alternative measures should not take the considerable severity with death penalty. Hence, it lacks justification if the death penalty is replaced by life imprisonment cannot be commuted and released on parole. The life imprisonment regulated in the 9th Criminal Law Amendment for corruption and bribery provisions only holds symbolic features, and it cannot be applied in reality. There is feasibility and comprehensiveness through regulating life imprisonment for transformation of penalty. The penal reform relies on the criminal policy of combining lighter and severe justice, takes adjustment of penal structure as an important goal, and orders the abolition of the death penalty as an important issue. All in all, penal reform still need to strengthen sentencing standardization.This article has four chapters:The first chapter introduces the relationship between “life imprisonment” and life imprisonment of our country, and defines the meaning of life imprisonment, introduces the practice of life imprisonment in China, and emphatically analyzes the background and connotation of the absolute life imprisonment increased by the Criminal Law Amendment Nine.In the second chapter, the theoretical background of life imprisonment punishment is briefly described. From the perspective of retribution and prevention, describe the justification of penalty; from the grievous essence, certainty and the timeliness of the penalty, expounds the validity of penalty; from the limitation of the penalty resources and the effect of penalty, describe the limitation of punishment. On the basis of the above theory, analyze the validity of the sentence of life imprisonment.The third chapter studies the status and function of the death penalty as a substitute for the death penalty, analyzes of the reasons and basis for the abolition of the death penalty, and from some angles, denies the justification of the absolute life imprisonment punishment substituting the death penalty. Think the absolute life imprisonment the Criminal Law Amendment Nine provided only has the nature of oath and symbol, may not be extended in the future Criminal Law Amendment.In the fourth chapter, the life imprisonment penalty is the reasonable angle of the penalty reform. We think that we need to discuss the recovery of the penalty as one of the purpose of penalty, which is conducive to the mitigation of penalty. Combined with the existing problems of life imprisonment, put forward the full use of “no commutation” and the probation period to improve the existing life imprisonment, also think that compared to commutation, parole system is more in fitting with the requirements of the individualization of penalty, at present, the rate of the application of parole should be improved. In the course of the current penalty reform, the improvement of the sentencing process is needed to improve the standard of sentencing.